Mrs L Duguid v Whisky Merchants Trading Ltd (in Administration): 4100960/2025
JUDGMENT
[1]The respondent unfairly dismissed the claimant and breached her contract of employment by failing to pay her the notice pay to which she was entitled.[2]The respondent is ordered to pay to the claimant the sum of £749.94 being one week’s gross notice pay, compensation for loss of earnings of £16,035.54 net and compensation for loss of statutory rights of £500.[3]Recoupment provisions apply to the compensation for loss of earnings awarded to the claimant. The prescribed period is 30 April 2025 to 29 September 2025 and the prescribed element of compensation subject to recoupment is the sum of £12,751.62. The balance is £3,283.92 net.REASONS
[1]The claimant lodged a claim in respect of unfair dismissal, failure to pay notice pay and various other payments.[2]The respondent is now in administration and did not lodge a defence to the claim. The administrators appointed on behalf of the respondent gave consent for the proceedings against the respondent to continue. ETZ4(WR)[3]Following a claim made to the Insolvency Service, the claimant has now received the pay which was due to her on termination of her employment, outstanding holiday pay, statutory notice pay and a statutory redundancy payment.[4]The claimant’s contract of employment provided that she was entitled to one month’s notice. She received three weeks' notice pay from the Insolvency Service and therefore the respondent is in breach of the claimant’s contract of employment in that she is still due to be paid one week’s notice pay, which amounts to £749.94 gross.[5]The claimant gave evidence under oath regarding her efforts to obtain alternative employment and income received by her since the termination of her employment. The claimant commences new employment on 29 September 2025 at a salary of £19,200 per annum, working three days a week. On that basis her income will be £333.56 net per week. Her income when employed by the respondent was £607.22 net per week. She therefore has ongoing losses of £273.66 per week.[6]The claimant has been in receipt of Jobseeker’s Allowance for a period since the termination of her employment.[7]The claimant has a loss of income of 21 weeks from the date of termination of her employment to the commencement of her new employment. On the basis of net pay of £607.22 per week, that is a total loss of earnings of £12,751.62 net. The claimant has only managed to obtain part time work although she is hopeful that her hours may increase in a few months. On that basis it would be just and equitable to award her twelve weeks of future loss at a weekly loss of £273.66 which is a total sum of £3,283.92. The claimant therefore has a total loss of earnings of £16,035.54. It would also be appropriate to make an award in respect of loss of statutory rights of £500.