(1) Mrs C Haywood (2) Mr S Haywood v Mr K Croxon (Bucks Property Care) — 2021

The respondent stated on the ET3s that he did not intend to defend the claims, so the tribunal entered Rule 21 default judgment on liability. The claims upheld were ordinary unfair dismissal, wrongful dismissal, holiday pay, and unlawful deduction from wages for both claimants. A remedy hearing followed, at which the respondent was present and the claimants gave oral evidence.

For Mrs Haywood, the tribunal accepted that she worked 10 hours a week over 5 days, with a gross monthly payment of £360 and a gross weekly pay of £90. It found 12 complete years of service from 8 July 2006 to 15 May 2020, used the statutory minimum notice period of 12 weeks transferred under TUPE, and accepted her mitigation evidence. Future loss was limited to two months because the lockdown restrictions had been lifted and offices were reopening, then the compensatory award was uplifted by 25% for failure to follow the ACAS disciplinary and grievance code. The tribunal also made an award of two weeks' gross pay under Employment Act 2002 ss.38(1) to (5) because no written particulars had been provided, and found no contributory conduct or recoupment element.

For Mr Haywood, the tribunal found gross monthly pay of £324, equivalent to £8.10 an hour, but calculated compensation on the National Living Wage of £8.72 at the effective date of termination. It again accepted mitigation, limited future loss to two months, applied a 25% ACAS uplift, and awarded two weeks' gross pay under the written-particulars provisions of the Employment Act 2002. It awarded holiday pay for 20.9 hours accrued leave, £16.42 for 23 March 2020, and £523.20 for unpaid April and May wages. The total award was £17,457.96, made up of the unfair dismissal awards including wrongful dismissal notice pay, holiday pay, arrears of pay, and unlawful deductions.