Case 2501403/2020 · Employment Tribunal
Ms C Willey v Nicola Armstrong t/a Willow Tree Deli CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of — 2021
- Case reference
- 2501403/2020
- Decision date
- 23 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Newburn Date
Parties
2 namedKey findings
Tribunal's reasoningThe claimant, Ms C Willey, was dismissed on 23 March 2020 by reason of redundancy. The tribunal upheld her statutory redundancy payment claim and ordered the respondent, Nicola Armstrong t/a Willow Tree Deli, to pay £94.08. That sum was calculated from £131.36 multiplied by 3, less £300 already paid.
The tribunal also upheld the claimant's breach of contract claim for notice pay under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. It ordered payment of £394.08 net in respect of 3 weeks' notice. In addition, the claimant succeeded on her unlawful deduction from wages claim for holiday pay, with a gross award of £414.61 for 50.5 hours' pay in lieu of untaken holiday.
The unfair dismissal claim was found to be well founded, but the tribunal held that no compensation was due. The basic award was extinguished by the redundancy payment. The compensatory award was reduced by 100% because the tribunal found there was a 100% chance the claimant would have been dismissed even if a fair redundancy procedure had been followed, applying Polkey v A E Dayton Service Limited 1988 ICR 142. The tribunal recorded a total award of £902.77 and stated that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 did not apply.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy payment succeeded. The tribunal ordered £94.08, calculated as £131.36 x 3 less £300 already paid by the respondent. | Upheld | — | £94 |
| Breach of contract | Claim for notice pay under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 succeeded. The tribunal ordered the net sum of £394.08 in respect of 3 weeks' notice. | Upheld | — | £394 |
| Unlawful deduction from wages | Claim for holiday pay as an unlawful deduction from wages succeeded. The tribunal ordered a gross award of £414.61 for 50.5 hours' pay in lieu of untaken holiday. The certificate of correction explains that the correct hourly rate was £8.21, not £8.71. | Upheld | — | £415 |
| Unfair dismissal | The tribunal found the unfair dismissal claim well founded, but no compensation was due. The basic award was extinguished by the redundancy payment, and the compensatory award was reduced by 100% because there was a 100% chance the claimant would have been dismissed even if a fair redundancy procedure had been followed, applying Polkey. | Upheld | — | — |
Remedy
Monetary award- Total award
- £903
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
1 reference- Polkey v A E Dayton Service Limited 1988 ICR 142
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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