Case 1801171/2024 · Employment Tribunal
Ms C A Willis v DAH (Yorkshire) Limited formerly Worsted Yarns Limited HELD by CVP in Leeds — 2024
- Case reference
- 1801171/2024
- Decision date
- 26 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shulman REPRESENTATION
Parties
2 namedClaimant
Ms C A Willis
Key findings
Tribunal's reasoningThe claimant, Ms C A Willis, was employed by DAH (Yorkshire) Limited as office manager and sales administrator from 1 October 2005 until 19 January 2024. The tribunal found that she was given notice by Andrew Ball, described as a self-employed consultant, that no one within the respondent spoke to her about the termination, and that she received no warnings or consultation. It found the reason for dismissal was redundancy and that the respondent acted unreasonably in treating redundancy as a reason for dismissal.
On remedy for unfair dismissal, the tribunal applied a multiplier of 1.5 to 18 years of service, using a gross weekly wage of £688.85, and assessed the basic award at £18,598.95. It accepted immediate loss from 19 January 2024 to the hearing date of 10 September 2024 using a net average weekly pay of £516.12, giving £17,400.61, and added £500 for loss of statutory employment rights. It did not award future loss because it found the claimant had not tried to mitigate her loss.
The tribunal also upheld the claimant's notice pay, holiday pay, and unlawful deduction claims. It awarded £2,359.40 net for notice pay for 19 December 2023 to 19 January 2024, £2,890.16 net for 28 days of holiday not taken in 2023, and £1,327.14 net for unpaid wages between 1 December 2023 and 18 December 2023. It made no award for holiday pay in January 2024 or for wages in January 2024 because those periods were covered by notice pay. The overall grand total awarded was £43,076.26.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed on redundancy grounds. It held that the respondent acted unreasonably in treating redundancy as a reason for dismissal, with no consultation or warning given. The unfair dismissal award comprised a basic award of £18,598.95, immediate loss of £17,400.61 and £500 for loss of statutory rights; no future loss was awarded because the tribunal found she had not mitigated her loss. | Upheld | — | £36,500 |
| Breach of contract | The tribunal found the claimant was not paid notice pay for the period 19 December 2023 to 19 January 2024 and awarded £2,359.40 net. It said the balance of the notice pay claim was subsumed in the award for immediate loss. | Upheld | — | £2,359 |
| Holiday pay | The tribunal awarded holiday pay only for the period 1 January 2023 to 31 December 2023. It accepted the claimant was entitled to 28 days not taken at a daily rate of £103.22, producing an award of £2,890.16, but made no award for 1 January 2024 to 19 January 2024. | Upheld | — | £2,890 |
| Unlawful deduction from wages | The tribunal found the claimant was not paid wages for 1 December 2023 to 18 December 2023 and awarded £1,327.14 net. It made no further award for January 2024 because that period was covered by notice pay. | Upheld | — | £1,327 |
Remedy
Monetary award- Total award
- £43,076
- across all upheld claims
- Basic award
- £18,599
- statutory, unfair dismissal
- Compensatory award
- £17,901
- compensatory remedy recorded
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.
How we got this data
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