Miss Carmen ArapuClaimantVia Express LtdRespondent
Before
Employment Judge N M HosieDate 22 February 2024
JUDGMENT
[1]the respondent shall pay to the claimant the sum of Two Thousand Four Hundred Pounds (£2,400), as a redundancy payment;[2]the claim under Regulation 30(1)(b)ofthe Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of One Thousand Seven Hundred and Eighty Pounds and Nine Pence (£1,780.09,) as a payment in lieu of annual leave; E.T. Z4 (WR)[3]the respondent shall pay to the claimant the sum of 'Two Thousand Four Hundred Pounds (£2,400), as damages for breach of contract (failure to give notice of termination of employment); and[4]the respondent shall pay to the claimant the sum of Eight Hundred Pounds (£800), in respect of the respondent’s failure to provide the claimant with a written statement of particulars of employment.
REASONS
[1]The claimant, Miss Carmen Arapu, brought various claims following the termination of her employment with the respondent on 16 July 2023. The respondent had not submitted an ET3 response form. The case proceeded on an undefended basis.
The evidence
[2]I heard evidence from Miss Arapu at the Hearing. She gave her evidence in a measured, convincing manner, entirely consistent with the documentary productions which she had submitted. She presented as credible and reliable.
The facts
[3]Having heard Miss Arapu’s evidence and considered the documentary productions, i was able to make the following findings in fact Miss Arapu commenced her employment with the respondent, Via Express Ltd, on 3 August 2016. She worked as a Chef at the respondent’s restaurant in Inverurie, Aberdeenshire.[4]She was dismissed summarily, without notice, on 16 July 2023 when she was advised, that the restaurant was closing. Redundancy payment[5]There was dearly a redundancy situation as the respondent Company had ceased to trade.[6]So far as the redundancy payment is concerned, at the time of her dismissal Miss Arapu was 34 years of age and had 6 complete years’ service. She earned £400 per week. Accordingly, she is entitled to a statutory redundancy payment of £2,400 (£400 x 6). Accrued annual leave[7]Miss Arapu worked 6 days a week. As she was not provided with a written statement of her terms and conditions of employment her holiday year started on 3 August, being the date on which she commenced her employment with the respondent. She had not taken any paid leave in the holiday year starting on 3 August 2022, until her dismissal on 16 July 2023. She did not receive a payment from the respondent in respect of accrued annual leave when she was dismissed. Under the terms of the Working Time Regulations 1998, she was entitled to 26.7 days’ accrued annual leave. On the basis of her daily earnings of £66.67, she is entitled to a payment of £1,780.09 (£66.67 x 26.7), in this regard. Notice[8]Miss Arapu was summarily dismissed. As she had 6 complete years’ service she was entitled to 6 weeks’ statutory notice. The respondent was in breach of contract in this regard and is liable to pay damages for that breach. Accordingly, the respondent shall pay to her the sum of £2,400 (£400 x 6), by way of damages for breach of contract. Written particulars of employment[9]Miss Arapu 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.[10]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. AH Miss Arapu’s successful claims are listed in Schedule 5. Amount of award[11]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 £800 (£400 x 2), in this regard.