Ms S Brown v Millharbour Digital Ltd (in creditors voluntary liquidation): 3324478/2019
JUDGMENT
[1]The claimant was dismissed by reason of redundancy.[2]The claimant was unfairly dismissed.[3]The claimant is entitled to a redundancy payment of £1,153.86.[4]The Tribunal makes a compensatory award for unfair dismissal of £2,950.78.[5]The recoupment provisions do not apply.REASONS
[1]The claimant, Ms Stephanie Brown was born in 1992 and is presently aged 28. On 25 May 2016 she began working for the respondent, Millharbour Digital Limited as a studio artworker. Her employment ended on 24 August 2019 when she was dismissed.[2]At the date of her dismissal, the claimant earned a salary of £20,000 per annum, which equates to £384.62 per week gross. Her monthly take home pay was £1,375.39.[3]Following her dismissal, the claimant looked for work for two months before finding a post with her current employer at a significantly higher rate of pay. This employment began on 21 October 2019.[4]Having gone through early conciliation between 22 August 2019 and 22 September 2019, on 21 October 2019 the claimant presented a claim for unfair dismissal to the Tribunal. Despite having requested and being granted an extension of time for doing so, the respondent failed to enter a response so this claim has been undefended.[5]The respondent went into creditors voluntary liquidation in early 2020.[6]I heard evidence from the claimant today and she explained to me her employment and earnings history as set out above. Based on her account, which I accept, I find that she was dismissed by reason of redundancy and that the dismissal was procedurally and substantively unfair.[7]In light of the claimant’s age and length of service I find that she is entitled to a redundancy payment of £1,153.86.[8]The claimant was out of work for 2 months. She did not claim State benefits in this period. I have awarded her two months’ net pay as compensation for unfair dismissal in the sum of £2,750.78 and the further sum of £200 for loss of statutory rights. I limited this award in view of the likelihood that she would have been made redundant in 2020 in any event. I did not award a separate basic award for unfair dismissal given that the claimant is entitled to a redundancy payment (which is its equivalent) and this is not a case where both awards are appropriate.[9]The recoupment provisions do not apply.