Mrs K Parkin and Others v H Campbell T/a Happy Days Nursery: 4110804/2021 and Others
JUDGMENT
[1]A redundancy payment amounting to £1969.11 (£231.66 x 8.5)[2]Pay in lieu of notice amounting to £1158.30 (£231.66 x 5)[3]Accrued holiday pay amounting to £1389.96 (£231.66 x 6) (Two) Pay Mrs Karen Hay[1]A redundancy payment amounting to £4864.86 (£231.66 x 21)[2]Pay in lieu of notice amounting to £2779.92 (£231.66 x 12)[3]Accrued holiday pay amounting to £1389.96 (£231.66 x 6) (Three) Pay Mrs Alison Turriff[1]A redundancy payment amounting to £6718.14 (£231.66 x 29)[2]Pay in lieu of notice amounting to £2779.92 (£231.66 x 12)[3]Accrued holiday pay amounting to off six weeks £1389.96 (£231.66 x 6) (Four) Pay Mrs Kelly Barclay[1]A redundancy payment amounting to £3608.55 (£267.30 x 13.5)[2]Pay in lieu of notice amounting to £2779.92 (£267.30 x 12)[3]Accrued Holiday Pay amounting to £1608.80 (£267.30 x 6) (Five) Pay Ms Chloe Murray[1]A redundancy payment amounting to £142.56 (£142.56 x 1)[2]Pay in lieu of notice amounting to £285.12 (£142.56 x 2)[3]Accrued holiday pay amounting to £855.36 (£142.56 x 6)REASONS
Evidence
[1]The various claimants in this case lodged claims against their former employer in relation to claims for redundancy, accrued holidays and notice. The proceedings were undefended. The case proceeded to a hearing on the 27 October at which the various claimants gave evidence.Evidence
[2]I had no hesitation in accepting the claimant’s evidence as being wholly credible and reliable echoing as it did the position reflected the ET1 claim forms which they had submitted: accordingly, I found as follows.[3]The Nursery was owned and managed by Mrs Heather Campbell. The premises belonged to the Local Authority and were rented by Mrs Campbell. The various claimants were employed there and were dismissed without notice or payment of redundancy on the 28 May 2021. They were also due holiday pay that had accrued to that date. Mrs Kelly Parkin[4]Mrs Parkin’s date of birth is 23 May 1993. She was 27 years old when her employment was terminated on 28 May 2021. She had been employed from 17 February 2014 until 28 May 2021 a period of 5 full years. Prior to termination of her employment she had been on furlough. Her correct hourly rate at the date of termination of her employment was £8.91 per hour being the minimum wage. She was contracted to work 26 hours per week. She was entitled to 6 weeks accrued holiday leave at the date of termination. She is entitled to the following sums:-Evidence
Evidence
[1]A redundancy payment amounting to £1969.11 (£231.66 x 8.5)[2]Pay in lieu of notice £1158.30 (5 weeks x £231.66)[3]Accrued holiday pay £1389.96 (6 x £231.66) Mrs Karen Hay[5]Mrs Hay’s date of birth is the 22 October 1960. She was employed from 4 January 2008 until 28 May 2021 a period of 13 years. She was 61 years of age at termination of her employment. She was contracted to work 26 hours per week at £8.91 per hour. She was on furlough prior to termination of her employment and was entitled to six weeks accrues holiday pay. She is entitled to the following sums:- A redundancy payment £ 4864.86 (£231.66 x 21) Pay in lieu of notice £2779.92 (12 x £231.66)[3]Accrued holiday pay £1389.96 (£231.66 x 6) Mrs Alison Turriff[6]Mrs Turriff worked for the respondent from 11 September 2001 until 28 May 2021 a period of twenty full years. Her date of birth was 1 May 1962. She was 59 years of age on termination of her employment. She was contracted to work 20 hours at £8.91 per hour. She was due 6 week’s holidays. She had accrued 12 weeks’ notice and she is entitled to the following sums:- A redundancy payment £6718.14 (£231.66 x 29) Pay in lieu of notice £2779.92 (12 x £231.66)[3]Accrued holiday payoff six weeks £1389.96 (£231.66 x 6) Mrs Kelly Barclay[7]Mrs Barclay worked 30 hours at £8.91 per hour. She was 32 years old at the date of her termination. She had twenty years’ service. Her date of birth was 28 May 1989. She was entitled to 6 weeks’ holidays and 12 weeks’ notice. She had 13 years full service. She is entitled to the following sums:- A redundancy payment £3608.55 (£267.30 x 13.5) Pay in lieu of notice £2779.92 (£267.30 x 12)[3]Accrued Holiday Pay £1608.80 (£267.30 x 6) Ms Chloe Murray[8]Ms Murray worked with the business from 31 October 2017 to 28 May 2021. Her date of birth was the 5 April 2001. She was 20 years old at the date of termination of her employment. She was a trainee early years practitioner. She was entitled to 3 weeks’ notice. She had accrued 6 weeks’ holiday at the date of termination of her employment. She worked 16 hours per week at £8.91 per hour. She is entitled to the following sums:- A redundancy payment £142.56 (£142.56 x 1) Pay in lieu of notice £285.12 (£142.56 x2) Accrued holiday pay £855.36 (£142.56 x 6)