Miss L Carroll v My Legal Claims Ltd: 6017666/2024
JUDGMENT
AND REMEDY The Judgement of the Tribunal is that the respondent shall pay the claimant the sum of £1,893.86 (One Thousand, Eight Hundred and Ninety-Three Pounds, 86 Pence) in full and final settlement of the complaints as described below and calculated on the following basis: A. REDUNDANCY PAYMENT[1]The claimant accepts the respondent’s Subtotal/Total submission that she had less than 2 years’ service at the effective date of termination and is therefore ineligible to bring a claim seeking a redundancy payment.[2]The complaint of redundancy payment is dismissed upon withdrawal by the claimant at the final hearing on 28 March 2025. Nil B. WAGES[1]The claimant was owed the sum of £2,000 gross in respect of unpaid wages payable at the end of August 2024.[2]The claimant accepts that since presenting her claim, she received interim payments from the respondent on 29 November 2024 (£150), 6 December 2024 (£150), 13 December 2024 (£150), 20 December 2024 (£150), 3 January 2025 (£150) and 17 January 2025 (£100) making a total figure received of £850.[3]The claimant is therefore entitled to the balance of the wages owed which amounts to (£2,000 - £850) = £1,150.00 Subtotal (Wages) £1,150.00 C. UNPAID AND UNTAKEN ANNUAL LEAVE ENTITLEMENT (HOLIDAY PAY)[1]The respondent submitted that the claimant was entitled to recover 6 days annual leave entitlement in respect of untaken annual leave at the date her employment ended. The claimant accepted this was the case.[2]The parties agreed that the claimant’s gross daily rate of pay was £92.31 per day.[3]The claimant was therefore entitled to (£92.31 x 6 days) = £553.86 Subtotal (holiday pay) £553.86 D. GUARANTEE PAYMENTS 1. The respondent confirms that the claimant was owed £38 x 5 days in respect of ‘statutory lay off payments’ making a total of £190.00 Subtotal (guarantee pay) £190.00 GRAND TOTAL £1,893.86