Ms M Myhill v Mr Philip Shaw and Mrs Beverly Shaw T/a The Crown Public House: 3400040/2017
JUDGMENT
[1]The Claimant’s claims of unfair dismissal, wrongful dismissal, for notice pay, holiday pay and for failure to provide written terms and conditions of employment each succeed.[2]The remedy to which the Claimant is entitled shall be determined at the hearing on 9 May 2017 notice of which has previously been provided to the parties. REMEDY JUDGMENT 1. Pursuant to a Default Judgment sent to the parties on the 21st March 2017 the Claimant is awarded the total sum of £4,189.14 calculated as follows: - DETAILS Gross/Net weekly pay £128.00 Notice period 11 weeks Date of birth of Claimant 17/04/1980 Complete continuous service 11 years Age at effective date of termination (EDT) 36 UNFAIR DISMISSAL Basic Award The Claimant was employed from 01/07/2005 to 09/10/2016 She was 36 at the time of her dismissal. 11 complete years (maximum) x £128.00 (multiplier of 1) = £1408.00 Case Number: 3400040/2017 No compensatory award is claimed Unlawful Deduction of Wages/Holiday pay The Claimant accrued 69.5 hours holiday on termination of employment during the 2016 holiday year which ran from December to January. She used 25 hours holiday therefore she is owed 44.5 hours at £8p/h which amounts to £356.00. £356.00 Notice pay/Wrongful Dismissal 8 weeks net pay £969.14 (f) Right to Statement of Employment Particulars 2 weeks gross pay @ £128.00 per = £256.00 week SUB- TOTAL £2,989.14 Tribunal Fees paid £1,200.00 TOTAL £4,189.14 CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the judgment sent to the parties on 12 May 2017, is corrected by the following amendments: Deleting the Claimant’s date of birth[2]Deleting the line under the heading Unfair Dismissal in paragraph 1. by Deleting ‘she was 36’ and substituting with ‘she was under 41’. Employment Judge Laidler Date: 2 November 2017 …………2 November 2017................................................... ...................................................................................... Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. 10.15 Certificate of Correction – rule 69 March 2017