Ms K Jenkins v Lowan’s (Wales) Limited — 2022

The tribunal found that Ms Jenkins was dismissed by the respondent on 30 July 2021 by reason of redundancy. It changed the respondent name to Club Lenox Limited, noting that this was the same company. The claimant was 66 years old and had 14 years' continuous service. The tribunal held that she was entitled to a statutory redundancy payment that had not been paid, and ordered payment of £4,677.75 based on average weekly pay of £222.75.

The unfair dismissal claim also succeeded. The tribunal said that if a fair procedure had been followed, the claimant would probably have been fairly dismissed by reason of redundancy in any event. The basic award would have been £4,677.75, but because a statutory redundancy payment was ordered it was reduced to nil under section 122(4) Employment Rights Act 1996. The tribunal awarded £445.50 for two weeks' loss of earnings and £500 for loss of statutory rights, making £945.50 in compensation for unfair dismissal.

The tribunal further found for the claimant on holiday pay and notice pay. Holiday pay was awarded at £1,492.43, representing 33.5 days of accrued but untaken leave at £44.55 per day. The notice pay claim succeeded because the claimant had been dismissed without notice, and £2,673.00 was awarded, equal to 12 weeks' pay at £222.75 per week. The total compensation ordered was £9,788.68.