Mrs M Wilson and others v The Estate of Mrs Pamela Jenkins (deceased) T/a Kincare and Apex Prime Care Ltd: 3327967/2017 and others
JUDGMENT
Made under rule 60 and 64 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 1st Claimant[1]The First Respondent has withdrawn those parts of paragraphs 4 and 6 of part 6.1 of the ET3 form relating to the First Claimant insofar as it is contended that there was a transfer of employment from the First Respondent to the Second Respondent.[2]The death of the First Respondent on 26th April 2017 constituted a termination of the employment of each Claimant and, consequently, a redundancy pursuant to section 136(5) of the Employment Rights Act 1996.[3]The employment of each Claimant by the First Respondent having automatically ended on 26th April 2017 as set out at paragraph 1 above, there was no transfer of employment of any of the Claimants pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006.[4]The First Respondent admits liability for the Claimant’s unpaid wages, holiday pay and statutory redundancy pay.[5]In relation to Mary Wilson, the First Respondent is ordered to pay the following sums: Page 1 of 3(i) £2,474.22 in respect of unpaid wages;(ii) £81.86 in respect of 1 day of accrued but untaken and unpaid holiday; and(iii) £2,189.34 in respect of a statutory redundancy payment calculated based on 18 x £121.63. 2nd, 3rd, 4th and 5th Claimants – By consent[6]The death of the First Respondent on 26th April 2017 constituted a termination of the employment of each Claimant and, consequently, a redundancy pursuant to section 136(5) of the Employment Rights Act 1996.[7]The employment of each Claimant by the First Respondent having automatically ended on 26th April 2017 as set out at paragraph 1 above, there was no transfer of employment of any of the Claimants pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006.[8]The First Respondent accordingly withdraws those parts of paragraph 5 of part 6.1 of the ET3 form relating to the Second to Fifth Claimants and paragraphs 4 and 6 of part 6.1 of the ET3 form relating to the First Claimant insofar as it is contended that there was a transfer of employment from the First Respondent to the Second Respondent.[9]The financial claims are agreed as follows:a. In relation to the Second Claimant, Alison Maccabee, the First Respondent is ordered to pay the following sums:(i) £4,171.24 in respect of unpaid wages;(ii) £350.94 in respect of 4.8 days of accrued but untaken and unpaid holiday; and(iii) £10,908 in respect of a statutory redundancy payment calculated based on 24 x £454.50.b. In relation to the Third Claimant, Jennifer Cross, the First Respondent is ordered to pay the following sums: (i) £1,255.38 in respect of unpaid wages; (ii) Nil sums due in respect of accrued but untaken and unpaid holiday; and (iii) £3,206.25 in respect of a statutory redundancy payment calculated based on 15 x £213.75.c. In relation to the Fourth Claimant, Sharron Amos, the First Respondent is ordered to pay the following sums: Page 2 of 3 (i) £1,370.95 in respect of unpaid wages; (ii) £184.67 in respect of 4.8 days of accrued but untaken and unpaid holiday; and (iii) Nil sums due in respect of a statutory redundancy payment for want of the requisite two years’ qualifying service.d. In respect of the Fifth Claimant, Roxanne Godfrey, the First Respondent is ordered to pay the following sums: (i) £1,343.04 in respect of unpaid wages; (ii) £68.44 in respect of 4.8 days of accrued but untaken and unpaid holiday; and (iii) Nil sums due in respect of a statutory redundancy payment for want of the requisite two years’ qualifying service.[10]The claims for notice pay by the Second, Third, Fourth and Fifth Claimant shall be dismissed (the First Claimant having made no such claim).[11]The parties shall each bear their own costs in these proceedings.[12]The hearing listed for 28th and 29th October 2019 be vacated.[13]All further proceedings be stayed save for the purposes of enforcement or otherwise carrying into effect the terms of this Order. Public Access to Employment Tribunal Judgments[14]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimants and Respondents.