Ms T Henderson v Empower Shawlands Ltd: 4107356/2019
JUDGMENT
[1]The judgment of the Employment Tribunal is that the claimant’s complaint of unfair dismissal and failure to pay notice pay, holiday pay, redundancy pay and unpaid wages succeed, the remedy to which the claimant is entitled will be determined at a hearing. The remaining complaint in respect of a protective award will also be determined at that hearing. Employment Judge: Lucy Wiseman Date of Judgement: 30 July 2019 Entered in register : 30 July 2019 And copied to parties[2]E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107356/2019 Held in Glasgow on 30 August 2019 Employment Judge L Wiseman Ms Tracy Henderson Claimant Represented by: Mr G Loughery - Solicitor Empower Shawlands Ltd Respondent No appearance and No representation[3]JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided:-(i) the claimant was dismissed for reasons of redundancy and is entitled to a redundancy payment of £1085 (being 5 x £217 gross per week);(ii) the breach of contract claim in respect of the payment of notice is well founded and the respondent shall pay to the claimant the sum of £880.75 (being 5 x £176.15 net per week);(iii) the complaint of an unauthorised deduction of wages is well founded and the respondent shall pay to the claimant the sum of £878.95;(iv) the respondent shall pay to the claimant the sum of £112.93 in respect of holiday pay and(v) to dismiss the claim of unfair dismissal because it was withdrawn by the 30 claimant.REASONS
[1]The respondent did not enter a response to the claim. A Rule 21 Judgment dated 30 July was issued confirming the complaints brought by the claimant had succeeded, but the remedy to which she was entitled would be determined at a hearing. The hearing took place today. 5 2. The claimant’s representative confirmed the claimant no longer wished to pursue a complaint of unfair dismissal. Accordingly, the only claims before me were in respect of a redundancy payment, notice, wages and holiday pay.[3]The claimant’s representative had prepared a schedule of loss and explained to the tribunal the basis of his calculations, which I accepted.