Miss G Boughen-Parkin v Daniel May AT A HEARING — 2023

Miss G Boughen-Parkin worked as a gymnastics coach from 27 July 2019 to 19 January 2023. The tribunal found that the employer's identity had been obscured by changing company names and the dissolution of Leeds Rebound Gymnastics Ltd, applied the section 210(5) Employment Rights Act 1996 continuity assumption, substituted Daniel May as respondent, and concluded that at least from October 2022 he was the only possible employer at the material dates.

On the wages claim, the tribunal accepted that December 2022 and January 2023 timesheets for 89 and 38 hours at £10 per hour left £1,270 unpaid. It ordered that sum and a further £400 for financial loss attributable to the unpaid wages, noting that the claimant had borrowed on a credit card and had already incurred £288.71 interest. It also made an additional award of £560 under section 38 of the Employment Act 2002 because no written particulars had been provided and the omission had made the claim harder to present.

The tribunal declared that the claimant was unfairly dismissed on 19 January 2023, but said the redundancy dismissal was procedurally unfair while the redundancy and notice payments already made covered the loss and the claimant soon found alternative work. It dismissed the complaints about notice pay, holiday pay and redundancy payment, finding the payments already made were correct, and recorded redundancy calculations based on three years' service, 14 normal hours at £10 per hour, three weeks' notice and 4.1 hours of outstanding holiday.