Mrs P Boonpheng v J Line Hospitality t/a Lemongrass — 2024

Mrs P Boonpheng's claims were heard in public by CVP on 9 January 2024 before Employment Judge Tsamados sitting alone. The Respondent did not provide a response, did not attend, and was not represented. The tribunal found that the Claimant was automatically unfairly dismissed because the Respondent had not shown a potentially fair reason for dismissal. It also found that she was not given notice, was not paid accrued but untaken annual leave, and that pension contributions were not paid into her Nest workplace pension scheme for the period 15 September 2022 to 4 May 2023.

On remedy for unfair dismissal, the tribunal awarded a basic award of £2,259 based on three complete years of service, age 66, gross weekly pay of £502, and a multiplier of 1.35. The compensatory award was £12,181.16, made up of £7,996.48 for past loss of earnings after deducting earnings from new employment, £1,425.68 for pension loss, and £500 for loss of statutory rights. No award was made for future loss because the Claimant had been working part-time since 2 June 2023 and had chosen to do so in view of her age.

The tribunal separately awarded £2,008 for four weeks' notice pay, £351.40 for accrued holiday pay, and £1,325.28 for pension contributions deducted from wages but not paid over to Nest. The judgment records a grand total of £15,865.94, although the itemised figures in the reasons sum to £15,865.84.