Mrs Fiona McLennan v Reheela Khand and Clydeview Care Home Ltd: 4112784/2018
JUDGMENT
No response has been presented to this claim by either respondent, the claimants’ representative having confirmed, by letter to the Tribunal on 12 September 2018, that the claim is against the limited company only, the Tribunal dismisses the first respondent, by removing them from these proceedings in terms of Rule 34, and amends the details of the second respondent to add the word “Limited”, and an Employment Judge has decided to issue the following judgment on the available material under rule 21, having regard to the calculation of the claim against the second respondent in section 9.2 of the ET1 claim form, and the letter of 12 September 2018:[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2, 288 (Two Thousand, Two Hundred and Eighty Eight Pounds), based on 3 years’ service, and gross weekly wages of £572 (based on 44 hours per week, at £13 per hour).[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2, 200.50 (Two Thousand, Two Hundred Pounds and Fifty Pence), based on age 58, at effective date of termination on 29 March 2018, 3 years’ service, and gross weekly wages of £572, capped at the statutory maximum weeks’ pay of £489, and entitlement of 4.5 weeks.[3]The Tribunal notes the claimant’s withdrawal by letter from her representative to the Tribunal, dated 21 September 2018, of the claim of compensation for lack of a reference since employment ended on 29 March 2018.[4]The hearing listed on 12 October 2018 is cancelled.