Case 1600615/2017 · Employment Tribunal
Ms J.B. Bartlett (1) Ms. D.J. Davies (2) v The Committee for the time being of Radnor Valley Little Dragons — 2018
- Case reference
- 1600615/2017
- Decision date
- 29 August 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
Parties
2 namedClaimant
Ms J.B. Bartlett (1) Ms. D.J. Davies (2)
Key findings
Tribunal's reasoningThe tribunal heard sworn evidence from both claimants and considered the respondent's ET3 response. The respondent was absent and unrepresented. It upheld each claimant's claims for statutory redundancy pay, unlawful deductions from wages, and breach of contract relating to notice, but dismissed each claimant's holiday pay claim.
For Ms J.B. Bartlett, the tribunal found that she was entitled to statutory redundancy pay, recording that she was 52 years old at termination, had 9 years' continuous employment, and had a gross weekly wage of £343.47. It awarded £4,636.85 on that claim. It also found unauthorised deductions from wages for the 7 weeks up to termination, from 1 March 2017 to 24 April 2017, and awarded £1,938.86 using a net weekly wage of £276.98.
The tribunal further found that the respondent breached Ms Bartlett's contract in relation to notice of termination. It recorded that 9 weeks' statutory notice were due, 3 weeks were given, and that, notwithstanding mitigation of loss, she was entitled to notice for the full period in the circumstances of the case. It awarded £1,661.88 on that claim. Her holiday pay claim due on termination was dismissed.
For Ms D.J. Davies, the tribunal likewise found an entitlement to statutory redundancy pay, recording that she was 49 years old at termination, had 5 years' continuous employment, and had a gross weekly wage of £215.22. It awarded £1,614.15 on that claim. It also found unauthorised deductions from wages for the same 7-week period up to termination and awarded £1,264.41 using a net weekly wage of £180.63.
The tribunal found a breach of contract in relation to Ms Davies's notice entitlement as well. It recorded that 5 weeks' statutory notice were due, 3 weeks were given, and awarded £361.26 based on her net weekly pay of £180.63. Her holiday pay claim due on termination was dismissed. The total sums awarded were £8,237.59 to Ms Bartlett and £3,239.82 to Ms Davies.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Ms J.B. Bartlett: statutory redundancy payment awarded. The tribunal recorded that she was 52 at termination, had 9 years' continuous employment, gross weekly wage £343.47, and used a multiplier of 13.5. | Upheld | — | £4,637 |
| Unlawful deduction from wages | Ms J.B. Bartlett: unauthorised deductions from wages were found for the 7 weeks up to termination, covering 1 March 2017 to 24 April 2017. The tribunal used a net weekly wage of £276.98. | Upheld | — | £1,939 |
| Breach of contract | Ms J.B. Bartlett: breach of contract concerning notice of termination. The tribunal found 9 weeks' statutory notice were due, 3 weeks were given, and awarded the balance based on net weekly pay of £276.98. | Upheld | — | £1,662 |
| Holiday pay | Ms J.B. Bartlett: the claim for holiday pay due on termination failed and was dismissed. | Dismissed | — | — |
| Redundancy | Ms D.J. Davies: statutory redundancy payment awarded. The tribunal recorded that she was 49 at termination, had 5 years' continuous employment, gross weekly wage £215.22, and used a multiplier of 7.5. | Upheld | — | £1,614 |
| Unlawful deduction from wages | Ms D.J. Davies: unauthorised deductions from wages were found for the 7 weeks up to termination, covering 1 March 2017 to 24 April 2017. The tribunal used a net weekly wage of £180.63. |
Remedy
Monetary award- Total award
- £11,477
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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