Mrs D Welsh and Mrs A Jack v DH Ceramics Ltd: 3321403/2019 and 3321404/2019
JUDGMENT
[1]The complaints of unfair dismissal, redundancy payment and breach of contract (notice pay) as set out in the claim form are declared to be wellfounded.[2]Any remedy to which the claimants are entitled will be determined at a Hearing for which two hours have been allocated at 2pm on Thursday 20 February 2020 at Watford Employment Tribunal, 51 Clarendon Road, Watford, WD17 1HP.[3]The claimant must prepare a schedule of the sums claimed and a bundle of documents relating to any remedy claimed. Dated: 07.01.20 …………..………………………………...… Employment Judge Manley, Watford .................................................................. Judgment sent to the parties on 22.01.20 …............................................................... For Secretary of the Tribunals Case Number:3321403/2019 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs Denise Welsh v DH Ceramics Limited Heard at: Watford On: 20 February 2020 Before: Employment Judge Andrew Clarke QC Appearances For the Claimant: Mr Rogers, Counsel For the Respondent: No representation (no response submitted)[1]For the purpose of calculating the financial remedies to which the claimant is entitled consequent upon the default judgment of Employment Judge Manley dated 7 January 2020, it is found:1.1 The claimant’s gross basic pay per week was £300.82.1.2 The claimant’s net pay per week was £269.62 to which must be added the employers’ pension contribution of £3.69 per week.1.3 The respondent’s holiday year was the calendar year and the claimant was entitled to 25 days of paid annual leave.1.4 The claimant was employed for 19 complete years, for 18 of which she was aged 41 and over and for 1 of which she was aged 40 for part of the year.1.5 Her statutory minimum entitlement to notice was 12 weeks’ notice.[2]The respondent must pay to the claimant a statutory redundancy payment of £8,422.96.[3]The claimant having taken no holidays during the year 2019 and the respondent having issued a P45 showing her last day of employment as 31 May 2019, the claimant is entitled to a payment in respect of holidays not Case Number:3321403/2019 2 taken being 5/12 of what would have been her annual entitlement. The appropriate sum is £561.67 which the respondent must pay to the claimant.[4]The claimant was dismissed without notice. The failure to pay her notice or to allow her to work out her notice amounts to a breach of contract and the respondent must pay to the claimant a sum equivalent to the money she would have earnt over the 12-week notice period (including pension contributions which would have been made by the respondent) in the sum of £3,279.72.[5]The claimant was not paid from 23 April 2019 until the issue of the P45 on 31 May 2019, a period of five weeks and in respect of that period the respondent must pay to the claimant the sum of £1,366.55.