Miss S Reid and Others v Rowanbank Salon Ltd: 4103941/2022 and Others
JUDGMENT
The Judgment of the Tribunal is as follows: - Susan Reid[1]The respondent shall pay to Miss Susan Reid the sum of Fifteen Thousand, Eight Hundred and Forty Pounds (£15,840) as a redundancy payment.[2]The respondent shall pay to Miss Susan Reid the sum of Four Thousand, Nine Hundred and Forty-Two Pounds (£4,942) as damages for breach of contract (failure to give notice of termination of employment).[3]The claim for a payment in lieu of annual leave is well-founded and the respondent shall pay to Miss Susan Reid the sum of One Thousand, Six Hundred and Forty-Seven Pounds (£1,647), under deduction of the appropriate amounts of Income Tax and National Insurance, in this regard.[1]The respondent shall pay to Mrs Maree Wood or Valentine the sum of Three Thousand, Three Hundred and Twelve Pounds (£3,312) as a redundancy payment.[2]The respondent shall pay to Mrs Maree Wood or Valentine the sum of Five Hundred and Fifty- Two Pounds (£552) as damages for breach of contract (failure to give notice of termination of employment).[3]The claim for a payment in lieu of annual leave is well-founded and the respondent shall pay to Mrs Maree Wood Valentine the sum of Eighty-Eight Pounds (£88), under deduction of the appropriate amounts of Income Tax and National Insurance, in this regard.[1]The respondent shall pay to Mrs Stephanie Bremner the sum of Four Thousand Six Hundred and Thirty-Two Pounds (£4,632) as a redundancy payment.[2]The respondent shall pay to Mrs Stephanie Bremner the sum of Two Thousand Six Hundred and Twenty-Five Pounds (£2,625) as damages for breach of contract (failure to give notice of termination of employment).[3]The claim for a payment in lieu of annual leave is well-founded and the respondent shall pay to Mrs Stephanie Bremner the sum of One Thousand, Five Hundred and Sixty-Nine Pounds (£1,569), under deduction of the appropriate amounts of Income Tax and National Insurance, in this regard.[1]The respondent shall pay to Miss Hayley Jarvie the sum of One Thousand Four Hundred and Seventy- Five Pounds (£1,475) as a redundancy payment.[2]The respondent shall pay to Miss Hayley Jarvie the sum of Five Hundred and Seventy-Seven Pounds (£577) as damages for breach of contract (failure to give notice of termination of employment).REASONS
[1]The claimants brought various claims following their summary dismissal from the respondent’s employment on 24 May 2022. The claims were not defended.[2]The case called before me, by way of a hearing by video conference using the Cloud Video Platform, on 10 October 2022, primarily to establish the sums due to the claimants. I was satisfied, on the basis of the information provided by the claimants’ representative by e-mails on 13, 17 and 30 September 2022 (P1A-PH), along with the documentary productions which included the claimants’ payslips and contracts of employment (P1-P245) ), that the various claims were well-founded and that the calculations provided by their representative were correct.[3]It was clear that this was a genuine redundancy situation. The respondent closed its business on 24 May 2022; the claimants were all summarily dismissed on that date; the business has not reopened.[4]The following is a summary of the basis for the calculations of the sums due to each claimant provided by their representative (P1A-P1H and P171-P177 and the most recent P244-P245)). For the avoidance of doubt, the claim for damages for breach of contract is based on net weekly earnings; the claim for accrued annual leave is based on gross weekly earnings and subject, therefore, to deductions for income tax and national insurance. Miss Susan Reid[5]Miss Reid started her employment with the respondent on 12 December 1978. She was summarily dismissed on 24 May 2022. Her week’s pay was £528 gross..[6]When her employment ended, she had accrued 4 weeks’ annual leave and was entitled to 12 weeks’ notice.[7]Mrs Valentine started her employment with the respondent on 9 December 2016. She was summarily dismissed on 24 May 2022. Her week’s pay was £1 10.40 gross and net.[8]When her employment ended, she had accrued 4 weeks’ annual leave and was entitled to 5 weeks’ notice.[9]Mrs Bremner started her employment with the respondent on 19 June 2012. She was summarily dismissed on 24 May 2022. Her week’s pay was £343 gross.[10]When her employment ended she had accrued 4 weeks’ annual leave, and was entitled to 9 weeks’ notice.[11]Miss Jarvie started her employment with the respondent on 5 December 2019. She was summarily dismissed on 24 May 2022. Her week’s pay was £328 gross..[12]When her employment ended she had accrued 4 weeks’ annual leave and was entitled to 2 weeks’ notice.The facts
[13]When Mrs Bremner’s employment ended she had accrued 4 weeks’ annual leave. She received no payment to reflect this. She is entitled therefore to a payment of £1,444 in this regard (4 x £361), subject to deductions for income tax and national insurance.[14]When Miss Jarvie’s employment ended she was 31 years of age and had 2 years’ complete service with the respondent. She earned on average £316 gross per week. She is entitled, therefore, to a redundancy payment of £632. Notice[15]In terms of her contract of employment Miss Jarvie was entitled to 2 weeks’ notice when her employment ended. On the basis of average net weekly earnings of £278 she is entitled to a payment of £556 (2 x£278) in this regard.[16]Miss Jarvie had accrued 4 weeks’ annual leave when her employment ended. She received no payment from the respondent to reflect this. Accordingly, she is entitled to a payment of £1,264 in this regard (4 x £316), subject to deductions for income tax and national insurance.