Ms R Sanchex Iza v Kristal Contracts Limited — 2020

Ms R Sanchex Iza worked as a cleaner for Kristal Contracts Limited from 2 June 2014 until her dismissal on 9 July 2019. She brought claims for unfair dismissal and unpaid notice pay. The respondent did not comply with Tribunal orders dated 6 November 2019 and 8 February 2020 concerning disclosure and the hearing bundle, and the Tribunal struck out the response under rule 37(1)(c) of the Employment Tribunal Rules 2013.

At the hearing the claimant had limited English and no court-authorised interpreter was present. The Tribunal considered the matter on an uncontested basis under rule 37(3) and rule 21 after giving the parties an opportunity to resolve matters. The respondent said there had been no time for any investigation before dismissal and did not dispute that no dismissal meeting or appeal had been offered. The judge said a procedural unfair dismissal finding would have been highly likely had the respondent been allowed to participate.

On remedy, the Tribunal found average gross monthly pay of £457.16 and weekly gross pay of £105.50, with net monthly pay of £440.72 and weekly net pay of £101.70. It awarded £119.59 for the notice pay shortfall in July 2019, a basic award of £527.50 for five full years' service, and a compensatory award of £461.16 made up of £161.16 loss of earnings and £300 for loss of statutory rights. The Tribunal then applied a 25% uplift of £277.06 for the respondent's total failure to comply with the ACAS Code on disciplinary and dismissal, resulting in a total award of £1,385.31.