Case 2401147/2023 · Employment Tribunal
Claimant v Kennedy v M Cottington and I Cundliffe sued as Committee Members of the Golborne Bowling Club — 2023
- Case reference
- 2401147/2023
- Decision date
- 24 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
- Panel members
- Mr G Penne, Ms C Doyle
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningMrs V Kennedy brought claims against the committee members of Golborne Bowling Club for unfair dismissal, redundancy payment, age discrimination, wrongful dismissal, unpaid holiday pay, and failure to provide written terms and conditions. The Tribunal found by admission that she had been unfairly dismissed and held that claim well founded. It ordered an agreed basic award of £1,080.66 and a compensatory award of £7,252.30, made up of £5,351.84 loss of earnings, £450 loss of statutory rights, and a 25% ACAS uplift of £1,450.46.
The Tribunal recorded that the redundancy payment claim was subsumed by the basic award, so no separate redundancy payment was made. The age discrimination claim under section 13 of the Equality Act 2010 was dismissed on withdrawal by the claimant. The recoupment regulations did not apply.
The Tribunal also found that the claimant had been dismissed without notice and upheld the wrongful dismissal claim, ordering damages for notice pay of £720.44 by consent. It upheld the working time claim for unpaid accrued holiday pay and ordered £809.26 net by agreement. A further claim for failure to provide a statement of terms and conditions of employment under section 1 of the ERA was upheld, and the Tribunal ordered £411.68, calculated as £102.92 multiplied by four.