[1]the respondent shall pay to the claimant the sum of Three Thousand, Eight Hundred and Twenty-Five Pounds (£3,825), as a redundancy payment;[2]the claim under s.23 of the Employment Rights Act 1996 is well-founded and the respondent shall pay to the claimant the sum of Six Hundred and Fifty Pounds (£650), as unlawful deductions from wages; E.T. Z4 (WR)[3]the claim under Regulation 30(1)(b) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of Nine Hundred Pounds (£900), as accrued annual leave;[4]the respondent shall pay to the claimant the sum of One Thousand, Eight Hundred Pounds (£1,800) as damages for breach of contract (failure to give notice of termination of employment); and[5]the respondent shall pay to the claimant the sum of Three Hundred Pounds (£300), in respect of the respondent’s failure to provide the claimant with a written statement of particulars of employment.
REASONS
[1]The claimant, Nicola Sebai, brought various claims, following the termination of her employment on 20 October 2022, due to the appointment of a Judicial Factor to her employer, the firm of Campbell Connon, and the closure of its business. The respondent had not submitted an ET3 Response Form. The case proceeded on an undefended basis.
The evidence
[2]I heard evidence from Mrs Sebai at the Hearing. She gave her evidence in a measured, convincing manner, entirely consistent with the documentary productions which she had submitted (“P”). She presented as credible and reliable.
The facts
[3]Having heard Mrs Sebai’s evidence and considered the documentary productions, I was able to make the following findings in fact. Mrs Sebai commenced her employment with the respondent, Campbell Connon, initially as a “Junior” and latterly as Receptionist, on 6 November 1986. She was not provided with a written statement of particulars of employment.[4]On 19 October 2022, Mrs Sebai was advised not to report for work the following day. She learned later that a Judicial Factor had been appointed to assess the financial position of her employer, Campbell Connon.[5]On 15 November 2022, the solicitor to the Judicial Factor wrote to Mrs Sebai to advise her that, Mrs Morna Grandison, had been appointed Judicial Factor (P.5/6). She advised that: “Campbell Connon can no longer trade” She further advised that, “Our investigations today indicate there is no money within the former firm to settle any claim which may be due for outstanding salary, accrued holiday pay, payment in lieu of notice or redundancy Termination of employment[6]I am satisfied that 20 October 2022 was the effective date of termination of Mrs Sebai’s employment. Redundancy payment[7]There was clearly a redundancy situation as Campbell Connon has ceased to trade.[8]So far as the redundancy payment is concerned, at the time of her dismissal Mrs Sebai was 52 years of age and had 35 years’ complete service. She earned £650 per month, which equates to £150 per week. Her entitlement is 25.5 weeks. Accordingly, she is entitled to a statutory redundancy payment of £3,825 (£150x25.5). Unpaid wages[9]Mrs Sebai did not receive her wages for October. I am satisfied that she is entitled to a payment of £650 in this regard. The respondent is required to pay this sum to the claimant, by way of unlawful deduction from wages. Accrued annual leave[10]Mrs Sebai worked two days a week latterly. In terms of the Working Time Regulations she was entitled to 12 days’ annual leave. She had not taken any paid holidays in the holiday year prior to the termination of her employment. On the basis of daily earnings of £75, she is entitled to a payment of £900 in this regard (£75 x 12). Notice[11]Mrs Sebai was summarily dismissed. As she had 35 years’ service she was entitled to 12 weeks’ statutory notice. The respondent, was in breach of contract in this regard and is liable to pay damages for that breach. This is calculated on the basis of net weekly pay which, in Mrs Sebai’s case, was £150. Accordingly, the respondent shall pay to her the sum of £1,800 (£150 x 12), by way of damages for breach of contract. Written particulars of employment[12]Mrs Sebai was not provided with a written statement of her particulars of employment, as she should have been, in terms of s.1 of the Employment Rights Act 1996.[13]Tribunals must award compensation to an employee where, upon a successful claim being made under any of the Tribunal jurisdictions listed in Schedule 5 of the Employment Act 2002, it becomes evident that the employer was in breach of its duty to provide full and accurate written particulars. All Mrs Sebai’s successful claims are listed in Schedule 5. Amount of award[14]A Tribunal must award a “minimum amount”, of two weeks’ pay in respect of this failure, in addition to the other awards. She is entitled to a payment of £300 (£150 x 2) in this regard. Respondent’s insolvency[15]As I understand that Mrs Sebai is likely to make a claim for payment of the sums due to her to the Insolvency Service, I wish to record my view that the respondent is insolvent. I arrived at this view having regard to the circumstances, along with Mrs Sebai’s evidence, and in particular, in view of the comments of the Judicial Factor Mrs Grandison. As I recorded above, she wrote to Mrs Sebai on 15 November 2022 (P.5/6) to advise that there was “no money"’ to settle any claim. She also wrote to the Employment Tribunal on 1 November 2023 as follows (P.7):- “We are satisfied that the partnership of Campbell Connon is insolvent although there has been no formal insolvency as yet. We were notified that Mr Morrison, one of the partners of the former firm, was sequestrated on 5 October 2023, and a copy of the extract from the website of the Accountant in Bankruptcy is enclosed. (P.8-9) Mr Hendry, the other partner, has said that he is taking advice and will be in touch with us shortly. We think it likely that he will also be sequestrated.”[16]Significantly, no payments have been made to Mrs Sebai by the Judicial Factor. She advised Mrs Sebai that there were “no funds”.