Ms F Williams v Crestwood Property Management Ltd (In Liquidation): 6000627/2023
JUDGMENT
Pursuant to Rule 47 of the Employment Tribunals Rules of Procedure (the Respondent’s liquidators having confirmed by correspondence dated 21 March 2024 that it would not be attending or taking part in this hearing, having gone into Creditors Voluntary Liquidation on the 22 February 2024): The judgment of the tribunal is that the Claimant’s complaint of unfair dismissal is well founded and succeeds, and it is declared that the Claimant was unfairly dismissed. The Claimant has not proven a qualifying disclosure as defined in section 43B of the Employment Rights Act 1996. For the successful unfair dismissal complaint, the Claimant is awarded the following which the Respondent is ordered to pay to the Claimant: o A Basic Award of £5,710 (10 x £571) o A Compensatory Award of £9,884.35 made up as follows: Case Number: 6000627/2023 A shortfall in earnings for 29 weeks (28 October 2022 to 22 May 2023) being £76.12 net a week (£811.80 - £735.68) x 29 = £2,207.48 net. Loss of health insurance benefit valued at £5,200 Loss of statutory employment rights of £500 A 25% uplift (£7,907.48 x 25%) = £1,976.87 The Claimant’s complaint for accrued but untaken holiday leave when her employment ended succeeds and she is awarded the net sum of £25,977.60 (being 4 weeks x £811.80 net a week x 8 years as it is accepted the Claimant was not encouraged to take holiday leave while employed) and the Respondent is ordered to pay the same to the Claimant. For failure to provide written particulars of employment the Claimant is awarded 2 weeks pay and the Respondent is ordered to pay the Claimant £1,142 (2 x £571).