Claimant v Onico Ltd — 2020

The respondent did not file an ET3 Grounds of Resistance. Employment Judge Adkin therefore determined the claim under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 without a hearing. The tribunal held that the respondent unfairly dismissed the claimant, unlawfully failed to pay holiday pay, and failed to pay notice in breach of contract.

On unfair dismissal, the reasons record an effective date of termination of 31 August 2020, although the compensation calculation refers to the claimant not having worked since 31 August 2019 and to losses running to 31 August 2020. The basic award was calculated by reference to 5 weeks at the capped weekly rate of £525, producing £3,937.50, described as equivalent to a statutory redundancy payment. The compensatory award was based on an assumed net monthly pay of £6,241.32 and a period to 31 August 2020, producing £74,895.84 before deduction for overlap with notice pay; after deducting £25,000, the compensatory award was £49,895.84.

For breach of contract, the tribunal found that the claimant was entitled under her contract to three months' notice. That sum was calculated at £30,501.01 on the basis of monthly pay of £10,166.67, but it was capped at £25,000 by article 10 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. Holiday pay for the period January to August 2019 was assessed at £7,507.20. The total ordered to be paid was £86,340.54.