Ms Helen Wesley v Rayhome Limited — 2022

The respondent did not present a valid response on time, so the tribunal determined the claim under Rules 21 and 37 of the Employment Tribunals Rules of Procedure 2013. Ms Helen Wesley was dismissed by reason of redundancy on 18 January 2022. The tribunal accepted that she had 17 complete years of service, was under 41, and had gross weekly pay of £576.92, and it calculated a redundancy payment of £9,248 using the relevant cap of £544.

The tribunal also found that Ms Wesley was dismissed without notice and was entitled to 12 weeks' notice. It calculated net notice pay at £5,548.56 and reduced that sum by £1,808.08 earned during the notice period, making an award of £3,740.48 net. In addition, it found unauthorised deductions from wages because the respondent had not paid wages for November and December 2021 and up to 18 January 2022, and because pension contributions were deducted from gross wages but not paid to the pension provider.

The wage-deduction findings produced two separate awards: £4,928.97 net for unpaid wages and £2,185 gross for the pension contribution deductions. The tribunal also found that the claimant was owed pay in lieu of 1.4 days of unused holiday entitlement on termination and awarded £129.46 net. On the unfair dismissal claim, the tribunal said Ms Wesley had been unfairly dismissed, but made no basic award because the redundancy payment was calculated in the same sum and no compensatory award because it was satisfied that she would have been dismissed in any event given the respondent's closure on 18 January 2022. The total award was £20,231.91.