Claimant v Jackson and others v Creative Solutions (Manchester) Ltd — 2019

The tribunal heard the claims of Ms A V Jackson, Mrs L Malcolm, Mrs L H Stephens and Mrs A L Yoli-Moore against Creative Solutions (Manchester) Limited in Manchester on 29 October 2019 before Employment Judge Leach. The respondent did not attend and had not entered a notice of appearance. The tribunal found that each claimant had been dismissed on 30 April 2019 and that the reason for dismissal was redundancy, so each claimant was entitled to a statutory redundancy payment.

The tribunal also found that each claimant was entitled to 12 weeks' notice under section 86 of the Employment Rights Act 1996, but no notice of dismissal was given. It therefore awarded damages for breach of contract for unpaid notice, and also awarded damages for accrued untaken holiday. In addition, the tribunal found that unpaid April 2019 salary was an unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996, and that the failure to pay employee pension deductions was also an unlawful deduction from wages. The tribunal declared those deductions well founded under section 24 of the Act.

The tribunal further found that the respondent failed to make employer pension contributions for February, March and April 2019, and ordered payment of those sums as damages for breach of contract. The schedule set out individual awards for each claimant, including unpaid salary, notice, holiday, pension and redundancy sums. The total amount ordered to be paid across all four claimants was £72,784.44.