Mrs J Stansfield v Mosses Community Association Limited (In Liquidation) — 2020

The tribunal acted under Rule 21 because the respondent stated that it did not resist the claims. It found that Mrs J Stansfield was unfairly dismissed on 10 July 2019. For the basic award, the tribunal used service from 1 November 2010 to 12 July 2019, age 53 at dismissal, and a gross weekly pay of £317.40, producing a basic award of £3,808.80.

For compensation, the tribunal found that the claimant did not find alternative employment after dismissal and that her employment would have ended on the respondent's liquidation on 14 October 2019. It assessed loss from 10 July 2019 to 14 October 2019 at 14 weeks' net pay of £271.15, then deducted notice pay of £1,737.20 and added £350 for loss of statutory rights, giving £2,408.90 before uplift. Because the respondent failed to follow the ACAS Code of Practice, the tribunal increased that compensatory award by 25% to £3,011.12. It also made an additional award of four weeks' pay, £1,269.60, because the claimant had not been provided with a written statement of particulars of employment. The tribunal recorded that the recoupment regulations did not apply.

The claimant also succeeded on breach of contract: the tribunal held that she had been dismissed without notice and had not been shown to be entitled to do so, so it awarded 8 weeks' notice pay of £2,169.20 net. A holiday pay claim also succeeded, with £211.60 awarded for 20 hours of untaken holiday at £10.58 per hour. The tribunal said the other matters raised in the claimant's email of 1 June 2020, including personal injury, reputational damage/defamation of character, and pension and NI contributions since dismissal, fell outside the scope of what it could award. The monetary awards in the judgment total £10,470.32.