Mrs N Sutherland v Hrafn Shetland Ltd: 4105558/2022
JUDGMENT
[1]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 One Thousand, Seven Hundred and Three Pounds (£1,703) as unlawful deductions from wages; E.T. Z4 (WR)[2]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 One Hundred and Four Pounds (£104) as a payment in lieu of annual leave;[3]the respondent shall pay to the claimant the sum of Four Thousand, Seven Hundred and Sixty-Four Pounds and Fifty Pence (£4,764.50) as damages for breach of contract (failure to give notice of termination of employment);[4]the respondent shall pay to the claimant the sum of Six Thousand, One Hundred and Fifty-Four Pounds and Twelve Pence (£6,154.12) as a redundancy payment; and[5]the respondent shall pay to the claimant the sum of Seven Hundred and Ninety-Four Pounds and Eight Pence (£794.08), in respect of the respondent’s failure to provide the claimant with a written statement of her terms and conditions of employment.REASONS
[1]The claimant brought various claims following her summary dismissal from her employment with the respondent on 12 August 2022. Her claim was not defended.[2]On the basis of the terms of the claim form and supporting documentation, I am satisfied that the claimant was employed by the respondent Company as a Shop Assistant and that she had 20 complete years’ continuous employment from 9 May 2002 until 16 August 2022 when she was dismissed summarily.[3]I am satisfied that she is entitled to the following payments. Wages[4]The sum of £1,703, comprising 131 hours worked at £13 per hour. Holiday pay[5]The sum of £104, comprising 1 day (8 hours) at £13 per hour Notice[6]The claimant was summarily dismissed. She should have been given 12 weeks’ notice which amounts to £4,764.50 (12x £397.041 ). Redundancy[7]A redundancy payment of £6,154.12 based on her 20 years' service (per Gov.UK calculator). Written statement of employment particulars[8]The claimant was not provided with a written statement of her terms and conditions of employment as she should have been. The award is 2 weeks’ pay in respect of this failure which amounts to £794.08 (2 x £397.04).[9]The claimant also advised that she had not received a P60 or P45. The Tribunal does not have authority to order the respondent to issue these.