Miss H Miller and others v Gemma Devine and Little Rascals Nursery Group Ltd: 3330835/2018 and others
JUDGMENT
[1]The claims of Miss K Lyons, claim number 3330839/2018 and Miss J Pearman, claim number 3330842/2018 are dismissed for not having been actively pursued.[2]The claim against Gemma Devine is dismissed as she is not a proper respondent to the claims.[3]The tribunal awards the claimant, Miss Miller, a total award in the sum of £2,777.89.[4]The tribunal awards the claimant, Miss Clynes, a total award in the sum of £1,138.28.[5]The tribunal awards the claimant Miss Gurney a total award in the sum of £1,936.38[6]The tribunal awards the claimant, Miss Harding, a total award in the sum of £1,604.87.[7]The tribunal awards the claimant, Miss Cutler, a total award in the sum of £1,281.17[8]The tribunal awards the claimant, Miss Collins, an award in the sum of £540.[9]The tribunal awards the claimant, Miss England, a total award in the sum of £1,306.38.[10]The tribunal awards the claimant, Mrs Sanders, a total award in the sum of £1,032.75.[11]The respondent, Little Rascals Nursery Group Limited, is ordered to pay the claimants the sums above statedREASONS
Conclusions
[1]The claimants, by a composite claim form presented to the tribunal on 21 June 2018, presents complaints for unfair dismissal, breach of contract, in respect of notice, a claim for holiday pay accrued but untaken at the time of termination, and a claim for wages owed.[2]The complaints for unfair dismissal, save for the claimants, are dismissed on the claimants not having been employed for two years and, accordingly, do not have the right to bring a complaint for unfair dismissal.[3]In respect of the claimants, Miss Cutler, Mrs Sanders and Miss England, these claimants have received redundancy payments from the Secretary of State and do not pursue a claim for unfair dismissal before this tribunal.[4]It is also here noted that, the claim form as presented included claims for Miss K Lyons, claim number 3330839/2018 and Miss J Pearman, claim number 3330842/2018. These individuals were not in attendance at the hearing and their claims have not been pursued on their behalf. The claims are accordingly dismissed for not having been actively pursued.[5]The correct respondent to the claim is Little Rascals Nursery Group Limited.[6]The claim against Gemma Devine is dismissed as she is not a proper respondent to the claims.Evidence
[7]The tribunal heard evidence form the claimants in respect of the sums claimed and had before it a bundle of documents, Exhibit C1. The respondent, was not in attendance. The tribunal had before it the respondent’s response to the claim, which has been considered.Facts
[8]The facts to this case are very brief and are as follows:[9]On 1 April 2018, the claimants learned of the respondent nursery being closed from third parties. On the claimants pursuing this with the respondent, on the 3 April 2018, the claimants were informed that the nursery was then closed and not accepting children, but that their employment would continue in the expectation that a new employer would take over the running of the nursery.[10]On 12 April 2018, the claimants received correspondence from the respondent stating: “I am writing to confirm that from 1 April 2018 Little Rascals Nursery Group Limited has stopped trading and Little Rascals Nursery has been closed permanently.”[11]By the claimant’s contracts of employment, it provides for holiday entitlement of 28 days with the holiday leave year running from 1 May to 30 April, and provides: “On termination of employment holidays will be calculated in proportion to the full entitlement. If you have taken less than this entitlement the surplus holiday will be added to your final pay….”[12]By the contract, notice is provided for in the following: “Notice period to be given by the employer to the employee The nursery has the right to serve notice of termination of your employment at any time in accordance with the notice provisions below Less than 1 months service – nil 1 months service to the satisfactory completion of your probationary period – 1 week. From the satisfactory completion of your probationary period but less than 5years – 1 month. 5 years service or more – 1 week for each complete year of service up to a maximum of 12 weeks…. Pay in lieu of notice It is agreed that the nursery may terminate your employment with immediate effect upon notification that a payment in lieu of notice is to be made to you. You shall not be entitled to any benefit other than pay or money in lieu of such benefits in respect of any period for which payment in lieu is to be made.”[13]The claimants have not received any payments from the respondent after 31 March 2018. Conclusions Miss MillerConclusions
[14]Miss Miller commenced employment on 14 June 2017. The effective date of termination was 12 April 2018; Miss Miller then having been employed for seven months.[15]The claimant was entitled to a wage of £341.54 per week. The claimant was not paid a wage for the period from 1 April to 12 April 2018, a total of nine working days. The tribunal awards the claimant the sum of £614.79, in respect of wages owed.[16]By the claimant’s contract of employment, she was entitled to one month’s same. The tribunal awards the claimant £1,480, in respect of her entitlement to notice. Annual Leave[17]The claimant had accrued 10 days annual leave which remained untaken at the time of termination of employment. The tribunal awards the claimant £683.10.[18]The tribunal awards the claimant Miss Miller a total award in the sum of £2,777.89. Miss Clynes[19]Miss Clynes commenced employment with the respondent on 24 October 2016. The effective date of termination was 12 April 2018; Miss Clynes had been employed for one year six months.[20]The claimant’s weekly wage was £185.59. The claimant has not received a wage for the period 1 April to 12 April 2018, a total of nine days. The tribunal awards the claimant the sum of £334.08, in respect of wages owed.[21]By the claimant’s contract of employment, she was entitled to one month’s same. The tribunal awards the claimant the sum of £804.20 in respect of her entitlement to notice.[22]The tribunal awards Miss Clynes a total award in the sum of £1,138.28. Miss Gurney[23]Miss Gurney commenced employment with the respondent on 26 August 2016. The effective date of termination was 12 April 2018; Miss Gurney having been employed for one year seven months.[24]Miss Gurney’s weekly wage was £279.28. Miss Gurney did not receive a tribunal awards the claimant the sum of £502.74 in respect of wages owed.[25]By the claimant’s contract of employment, she was entitled to one month’s same. The tribunal awards the claimant the sum of £1,210.20, in respect of her entitlement to notice. Holiday[26]The claimant had accrued four days annual leave which remained untaken at the time of termination of employment. The tribunal awards the claimant £223.44.[27]The tribunal awards Miss Gurney a total award in the sum of £1,936.38 Miss Harding[28]Miss Harding commenced employment with the respondent on 1 October 2017. The effective date of termination was 12 April 2018; Miss Harding having been employed for six complete months.[29]Miss Harding was entitled to a wage of £261.67 weekly. The claimant has not received a wage for the period from 1 April to 12 April 2018, a total of nine days. The tribunal awards Miss Herding £470.97 in respect of wages owed.[30]By the claimant’s contract of employment, she was entitled to one month’s same. The tribunal awards the claimant the sum of £1,133.90 in respect her entitlement to notice[31]The tribunal awards Miss Harding a total award in the sum of £1,604.87. Miss Cutler[32]Miss Cutler commenced employment with the respondent on 3 September 2012. The effective date of termination was 12 April 2018; Miss Cutler having completed five complete years.[33]Miss Cutler’s weekly wage was £188.41. Miss Cutler has not received a tribunal awards Miss Cutler the sum of £339.12 in respect of wages owed.[34]By the claimant’s contract of employment, she was entitled to five weeks’ tribunal awards the claimant Miss Cutler the sum of £942.05 in respect of notice to which she was entitled.[35]The tribunal awards Miss Cutler a total award in the sum of £1,281.17 Miss Collins[36]Miss Collins commenced employment with the respondent on 11 September 2017. The effective date of termination was 12 April 2018. Miss Collins having been employed for seven months.[37]By the claimant’s contract of employment, she was entitled to one month’s notice of termination. On Miss Collins having given notice of termination and worked two weeks of her four weeks’ notice as given at the time of termination, Miss Collins was entitled to a further two weeks’ pay in respect of her notice period she was then working. The tribunal awards the claimant the sum of £540. Miss England[38]Miss England commenced employment with the respondent on 11 February 2012. The effective date of termination was 12 April 2018; Miss England having been employed for six complete years.[39]The claimant’s weekly wage was £167.48. Miss England did not receive a tribunal awards Miss England the sum of £301.50 in respect of wages owed.[40]By the claimant’s contract of employment, she was entitled to six weeks’ tribunal awards the claimant Miss England the sum of £1,004.88 in respect of notice to which she was entitled.[41]The tribunal awards Miss England a total award in the sum of £1,306.38. Mrs Sanders[42]Mrs Sanders commenced employment with the respondent on 8 March 2011. The effective date of termination was 12 April 2018; Mrs Sanders having completed seven complete years.[43]Mrs Sanders’ weekly wage was £114.75. Mrs Sanders has not received a tribunal awards Mrs Sanders the sum of £206.55 in respect of wages owed.[44]By the claimant’s contract of employment, she was entitled to seven weeks’ tribunal awards the claimant Mrs Sanders the sum of £803.25 in respect of notice to which she was entitled. Holiday pay[45]The claimant had accrued one day annual leave which remained untaken at the time of termination of employment. The tribunal accordingly awards Mrs Sanders the sum of £22.95 in respect of accrued annual leave.[46]The tribunal awards Mrs Sanders a total award in the sum of £1,032.75.[47]The respondent, Little Rascals Nursery Group Limited, is ordered to pay the claimants the sums above stated. Employment Judge Henry Date: ……7/8/19.. ............................................................ Miss H Miller 3330835/2018 Miss L Clynes 3330835/2018 Miss E Gurney 3330837/2018 Miss E Harding 3330838/2018 Miss K Lyons 3330839/2018 Miss H Cutler 3330840/2018, Miss S Collins 3330841/2018 Miss J Pearman 3330842/2018 Miss M England 3330843/2018 Mrs D Sanders 3330844/2018