Miss J Tyldesley v Blueberry Box Limited (in Creditor’s Voluntary Liquidation) — 2021

Employment Judge Ross found that Miss J Tyldesley was unfairly dismissed and wrongfully dismissed by Blueberry Box Limited (in Creditor’s Voluntary Liquidation). The wrongful dismissal award was 12 weeks’ pay in lieu of notice, assessed at £3,323.28 based on net weekly pay of £276.94.

The tribunal also recorded that the respondent failed to provide written particulars of employment and awarded four weeks’ pay of £1,308. No separate reasons for that award are set out beyond the wording of the judgment.

For unfair dismissal, the basic award was assessed at £7,848. The tribunal found that the claimant had worked for the respondent from 24 January 2002 until dismissal on 28 April 2021, giving 19 years’ service, including 10 years when she was aged over 41, and applied 24 weeks at £327.

The compensatory award for unfair dismissal covered the period from 21 July 2021, when the notice period expired, to October 2021, by which time the claimant had obtained new employment. The tribunal used 13 weeks at £276.94 per week to reach £3,600.22, then added £500 for loss of statutory rights and £115 for expenses, producing a total compensatory award of £4,215.22. The grand total of compensation for unfair dismissal was £13,694.50, with a prescribed element of £4,215.22 for the period 21 July 2021 to 7 October 2021 and an excess over the prescribed element of £9,749.28.