Miss S Faulder v Miramar 246 Limited (In voluntary liquidation) — 2023

Miss S Faulder was employed by Miramar 246 Limited from 30 June 2020 to 3 May 2023 as a Duty Manager. The judgment records that she was dismissed without prior warning or notice by reason of redundancy. Her claim form sought a redundancy payment, notice pay, outstanding holiday pay and arrears of pay.

The Respondent did not return a response. The tribunal therefore proceeded under rule 21 of the Employment Tribunal Rules of Procedure and decided whether it had sufficient material to determine the claims. Judge Sweeney was satisfied that there was enough material to determine the claims for redundancy, unlawful deduction of wages, holiday pay and notice.

On the facts found, the Claimant was 20 years old at dismissal and had two complete years of service. She worked on average 35 hours a week at £10.10 per hour, giving gross weekly pay of £354 and net pay of about £318. For redundancy purposes, the tribunal applied the statutory rule that a worker under 22 receives 0.5 week’s pay for each full year worked, resulting in a redundancy payment of £354.

The tribunal also found that as at termination the Respondent had not paid wages for hours worked in the previous four weeks, totalling 144.25 hours, and had not paid for 93.56 hours of accrued untaken holiday. It awarded £1,456.93 for unlawful deduction of wages, £945 for holiday pay, £636 for notice pay, and £354 for redundancy pay, making a total award of £3,391.93.