Case 2207641/2021 · Employment Tribunal
Ms C Hoole v ISH-Media Ltd — 2022
- Case reference
- 2207641/2021
- Decision date
- 9 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Isaacson
Parties
2 namedClaimant
Ms C Hoole
Respondent
Key findings
Tribunal's reasoningMs C Hoole was employed by ISH-Media Ltd as a personal assistant from 1 April 2002. Her gross annual salary at termination was £25,800. The respondent did not file a response, and the tribunal therefore proceeded under rule 21. The tribunal also noted that the company remained active on Companies House, but that Mr ES Blackman had suffered a major stroke in January 2021 and that, on the limited information available, the company had ceased trading after that event.
The tribunal found that the claimant’s employer had deducted pension contributions of £100 per month between 2013 and 2018 but had not paid them into the pension scheme, and that contributions were then stopped again from April 2021. It therefore awarded £6,600 gross for unpaid pension contributions, made up of £6,000 for the earlier deductions and £600 for April to September 2021. The tribunal also found that the claimant had been paid under furlough from March 2020 at 80% of salary, with gross monthly furlough pay of £1,750, but that she was not paid for June, July and September 2021. It awarded £5,160 gross for those unpaid furlough payments.
The claimant presented her claim on 23 December 2021 for wages and pension contributions, then applied on 20 June 2022 to amend it to include notice pay and redundancy pay after being informed by HMRC that her contract had been terminated. The tribunal allowed the amendment at the case management preliminary hearing on 9 August 2022, finding that it had not been reasonably practicable for her to present those parts of the claim earlier because she believed she remained employed and the respondent had maintained that position. The tribunal found the effective date of termination to be 30 September 2021.
On remedy, the tribunal held that the claimant was dismissed in breach of contract in respect of notice and awarded £5,953.80 gross, based on 12 weeks’ gross pay. It also held that she was dismissed by reason of redundancy and was entitled to a redundancy payment of £9,426.85, calculated by reference to 19 years’ service and weekly pay of £496.15. The total gross amount payable was £27,140.65.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found that employee pension contributions of £100 per month had been deducted between 2013 and 2018 but not paid into the pension scheme, and also found a further £600 unpaid for April 2021 to September 2021. | Upheld | — | £6,600 |
| Unlawful deduction from wages | The tribunal found that furlough payments for June, July and September 2021 were claimed but not paid; August 2021 was paid. | Upheld | — | £5,160 |
| Breach of contract | The tribunal awarded damages for notice in the sum of £5,953.80, calculated using gross weekly pay of £496.15 multiplied by 12. | Upheld | — | £5,954 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and awarded statutory redundancy pay calculated at £496.15 x 1 x 19 years' service. The judgment records that the claimant was 41 when made redundant. | Upheld | — | £9,427 |
Remedy
Monetary award- Total award
- £27,141
- across all upheld claims
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.
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