Case 2400125/2020 · Employment Tribunal
Ms E Green v Town & City Leisure Limited and 1 other — 2020
- Case reference
- 2400125/2020
- Decision date
- 29 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
3 namedClaimant
Ms E Green
Key findings
Tribunal's reasoningThe tribunal dealt with the case under Rule 21 because no response form was filed. Town & City Leisure Limited was removed from the proceedings on the claimant's assertion that it was not her employer, and the second respondent's title was amended to Jordan Hart t/a Harts Amusements.
Against Jordan Hart, the claimant succeeded on redundancy pay, notice pay, holiday pay deductions, and the failure to provide a written statement of main terms. The tribunal found that she had been dismissed by reason of redundancy and was entitled to a redundancy payment of £3,874.50, of which £2,300.00 had already been paid, leaving £1,574.50 payable. It also awarded £2,583.00 for 9 weeks' notice, £1,033.20 for 18 days' holiday pay, and £1,148.00 for the written-statement breach.
The unfair dismissal complaint was also well founded, but no award was made. The tribunal said the basic award was extinguished by the statutory redundancy payment and there was no compensatory award because Harts Amusements closed on 13 November 2019, meaning employment would have ended then in any event even if dismissal had been fair. A separate complaint about deductions in relation to pension contributions was dismissed for want of jurisdiction under Somerset County Council v Chambers EAT/0417/12, and the total payable was £6,338.70.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy. It accepted a redundancy payment of £3,874.50, noted that £2,300.00 had already been paid, and ordered the balance of £1,574.50. | Upheld | — | £1,575 |
| Breach of contract | The tribunal found dismissal in breach of contract as to notice and ordered £2,583.00, described as 9 weeks' notice at £287 per week gross and stated to be a net sum. | Upheld | — | £2,583 |
| Holiday pay | The tribunal held there had been an unauthorised deduction from wages in respect of holiday pay and ordered £1,033.20, representing 18 days at £57.40 per day. | Upheld | — | £1,033 |
| Other | The tribunal found a breach of the obligation to provide a written statement of the main terms of employment and ordered a further four weeks' pay of £1,148.00. | Upheld | — | £1,148 |
| Unfair dismissal | The unfair dismissal complaint was held well founded, but no award was made. The tribunal said the basic award was extinguished by the statutory redundancy payment and there was no compensatory award because Harts Amusements closed on 13 November 2019, so employment would have ended then in any event. | Upheld | — | — |
| Unlawful deduction from wages | The complaint of unauthorised deductions from pay in relation to pension contributions was dismissed because the tribunal said it had no jurisdiction, citing Somerset County Council v Chambers EAT/0417/12. |
Remedy
Monetary award- Total award
- £6,339
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013, rule 21
- Employment Tribunals Rules of Procedure 2013, rule 34
- Somerset County Council v Chambers EAT/0417/12
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.
How we got this data
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