Miss V Reed v I2o Ltd: 3323635/2019
JUDGMENT
[1]No response to the claimant’s claim having been submitted:(i) The claimant was unfairly dismissed.(ii) The claimant’s dismissal was in breach of her contract of employment.(iii) The claimant was not paid for accrued but untaken holiday due at the time of her dismissal.[2]The company is now in administration. I have assessed remedy (subject to the claimant having consent to proceed) as follows:(i) The claimant, who was born on 5 January 1968 was employed by the respondent from 3 December 2007 to 3 June 2019. Her gross annual salary was £60,000, her gross weekly pay was £1,154 and her nett weekly pay was £792. Breach of Contract(ii) The claimant was contractually entitled to 12 weeks’ notice. She received no notice nor any payment in lieu.(iii) The claimant is therefore entitled to 12 weeks’ pay at the nett rate of £792 amounting to £9,404.(iv) The claimant has received under the Government’s Redundancy Payment Scheme, a notice payment of £5,775 leaving a balance due from the respondent of £3,629. Holiday Pay(v) At the time of her dismissal the claimant had accrued but not taken 12 days holiday pay. Her nett daily rate of pay is £158.40. 12 days pay at that rate amounts to £1,900.80. The claimant has received from the Redundancy Payment Scheme £901.15 leaving a balance due of £999.65. Unfair dismissal Basic Award(vi) The claimant was employed for 11 complete years. For ten of those years she was over the age of 41. Her gross weekly wage exceeded the statutory maximum of £550. Her basic award is therefore £(550 x 10 x 1.5) + 550 = £8,800.(vii) The claimant has been paid this amount under the Redundancy Payment Scheme. Compensatory Award(viii) From the end of the claimant’s period of notice to today is 46.5 weeks. At her weekly rate of pay of £792 the claimant has loss of earnings to date of £36,828.(ix) The claimant has also lost pension contributions in the weekly sum of £80.76, a total to date of £3,755.34.(x) I assess an award for her loss of statutory rights in the sum of £500.(xi) The claimant has made efforts to mitigate her loss but is still without work. I award a further 26 weeks’ pay at the weekly rate of £792 (plus £80.76 for loss of pension rights) for 26 weeks giving a total sum of £22,691.76.(xii) Accordingly, the compensatory award is calculated as follows; £36,828 + £3,755.34 + £500 + £22,691.76 = £63,775.10.(xiii) The maximum compensatory award in the claimant’s circumstances amounts to £41,194 and that is applied to the compensatory award. Summary[3]Accordingly, the total award to the claimant is as follows:(i) Damages for breach of contract £3,629.00(ii) Unpaid holiday pay £999.65(iii) Compensatory Award for unfair dismissal £41,194.00 Total £45,822.65[4]The recoupment provisions apply.