Case 3305684/2022 · Employment Tribunal
Samantha Kirk v Johnsons Shoes Ltd — 2023
- Case reference
- 3305684/2022
- Decision date
- 1 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bennett Representation
- Venue
- Reading via CVP
Parties
2 namedClaimant
Samantha Kirk
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 14 May 2022. The respondent did not present a valid response on time and did not attend the hearing. At the hearing on 18 July 2023, Employment Judge Bennett determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013 on the basis of the material before the tribunal.
The tribunal found that Johnsons Shoes (Farnham) Ltd was in breach of contract in dismissing Samantha Kirk without the appropriate period of notice and ordered payment of £4,461.76 gross. It also found a further breach of contract in failing to pay accrued but untaken holiday pay equivalent to 7 days, and ordered payment of £646.16 gross.
The tribunal further found that the respondent had failed to pay a statutory redundancy payment under s.163 ERA and ordered payment of £9,923.11. It also held that the claimant was unfairly dismissed, but recorded that no further compensation was due on that claim. The total sum due was stated as £15,031.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the respondent was in breach of contract by dismissing the claimant without the appropriate period of notice and ordered payment of the outstanding gross sum. | Upheld | — | £4,462 |
| Breach of contract | The tribunal found a breach of contract for failure to pay accrued but untaken holiday pay equivalent to 7 days and ordered payment of the gross sum. | Upheld | — | £646 |
| Redundancy | The tribunal found the respondent failed to pay the statutory redundancy payment due under s.163 ERA and ordered payment of the sum. | Upheld | — | £9,923 |
| Unfair dismissal | The claimant was found to have been unfairly dismissed, but the tribunal recorded that no further compensation was due in respect of this claim. | Upheld | — | — |
Remedy
Monetary award- Total award
- £15,031
- across all upheld claims
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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