Ms B Brown v Taylor Made Burgers Barnsley Ltd: 6000785/2024
JUDGMENT
[1]The respondent shall pay to the claimant:- 1.1. £1,000.00 gross by way of notice pay worked. 1.2. Redundancy payment of £1,000.00, the claimant having two years’ service and being 28 years of age with a multiplier was one and her length of service was from 6 October 2021 to 3 December 2023. 1.3. Holiday pay of one day in the sum of £100.00. 1.4. Grand total - £2,100.00.[2]The claimant’s applications for unlawful deduction of wages, “other compensation” and interest are hereby dismissed.REASONS
[1]Claims 1.1. Notice pay. 1.2. Redundancy pay. 1.3. Holiday pay. 1.4. Wages.[2]Issues The issues in this case relate to whether the claimant is entitled to the claims at paragraph 1 above.[3]Facts The Tribunal having carefully reviewed all the evidence (both oral and documentary) before it finds the following facts (proved on the balance of probabilities): 3.1. The claimant was entitled to notice and was not paid. She did however claim her notice pay and wages for the same period which was in effect a double claim. 3.2. Her gross weekly wage was £500.00 3.3. The claimant did work her notice. 3.4. The claimant believed that she was made redundant. On 26 November 2023 the respondent ceased trading and, therefore, no longer required the services of the claimant although she did work from home until 3 December 2023. 3.5. As far as the redundancy pay is concerned at the time of the termination of her employment she was 28 years of age and had two years’ service from 6 October 2021 to 3 December 2023. Taking into account her age which would give a multiplier of one, plus service which was two years and her gross pay £500.00 she did rank for a redundancy payment of £1,000.00 3.6. As far as holiday pay was concerned the claimant worked this out in hours, being 66.6 hours. She worked a 40 hour week and did, therefore, rank for to one day’s holiday pay of £100.00.[4]Determination of the Issues (After listening to the factual submissions made by and on behalf of the claimant): 4.1. The claimant was entitled to her notice pay, the calculation of which is in paragraph1.1 of the Judgment. 4.2. The claimant was entitled to redundancy pay, the calculation of which is in paragraph1.2 of the Judgment. 4.3. The claimant is entitled to one day’s holiday pay, the calculation of which is in paragraph1.3 of the Judgment. 4.4. The claimant is not entitled to wages because they are the same as and equivalent to the notice pay. 4.5. The claimant has asked for “other compensation”. The Tribunal explained to her that they could not award this and they could not award interest on the compensation the Tribunal has ordered.