Samantha Belcher v Crown and Country Leisure Limited — 2021

Samantha Belcher was employed by Crown and Country Leisure Limited as a Cleaner from 9 May 2004 until 25 June 2021. The Respondent did not present a response, and Employment Judge Sweeney proceeded under rule 21 of the Tribunal Rules of Procedure on the material available. The judgment records that the Claimant was aged 38 at dismissal, earned £300 gross per week and £271.50 net, and had three continuous years of service.

The tribunal found four claims well founded: a statutory redundancy payment under section 163 Employment Rights Act 1996, unpaid accrued holiday pay under regulation 30 Working Time Regulations 1996, unlawful deduction of wages under section 23 Employment Rights Act 1996 in respect of furlough pay, and wrongful dismissal for notice pay. It accepted that furlough pay had not been paid from 22 March 2020 and that, by termination, 14 weeks of furlough pay at £264.20 per week remained outstanding. It also accepted that the Claimant had received no notice of dismissal and was entitled to 12 weeks' notice at her net weekly rate.

The tribunal calculated the redundancy entitlement at £4,950, holiday pay at £811.80 for 90 hours at £9.02 per hour, the wage deduction claim at £3,698.80, and wrongful dismissal damages at £3,258. It ordered the Respondent to pay those sums, making a total award of £12,718.60.