In person For the v J Holland — 2022

The tribunal calculated weekly pay at £178.20 by multiplying the claimant's 20 contractual hours by £8.91 under s.221(3) Employment Rights Act 1996. On that basis, it found that she was due the balance of statutory redundancy pay of £88.05 and the balance of notice pay of £237.45, with notice pay assessed by reference to contractual weekly pay rather than SMP under s.88(1)(c) Employment Rights Act 1996.

The tribunal found that the claimant's maternity leave started at the beginning of May 2021 and that her employment ended by reason of redundancy on 23 November 2021. By that date she had received 29 weeks of SMP, and she received a further four weeks of SMP in December 2021, so three further weeks remained due. Because SMP was treated as wages due in connection with employment under s.27(1)(c) Employment Rights Act 1996, the tribunal held that she had suffered an unauthorised deduction of £455.91 under s.13 Employment Rights Act 1996.

Those monetary claims succeeded against the second and third respondents, and the first respondent had no personal liability for those amounts. The holiday pay claim failed because the claimant did not provide evidence of holiday taken before maternity leave began, so the tribunal could not calculate any balance due on the balance of probabilities. The unfavourable treatment claim under s.18 Equality Act 2010, pleaded in respect of dismissal and non-payment of further SMP, failed against the first and second respondents, and the separate breach of contract claim for non-payment of further SMP also failed.