Case 3314683/2021 · Employment Tribunal
Mr. S. McShane (lay representative) For v Owen Owen (Western) Ltd (in liquidation) and SoS for Business, Energy & Industrial Strategy — 2023
- Case reference
- 3314683/2021
- Decision date
- 26 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Douse
Parties
2 namedClaimant
Mr. S. McShane (lay representative) For
Key findings
Tribunal's reasoningEmployment Judge Douse, sitting alone at Watford Tribunal Centre by CVP on 15 December 2022, issued a Rule 21 judgment in this claim by Miss D. McShane against Owen Owen (Western) Ltd (in liquidation) and the Secretary of State for Business, Energy & Industrial Strategy. The respondents did not appear. The Tribunal found that the claimant was unfairly dismissed and entitled to a redundancy payment, that her contractual right to notice had been breached, that she had suffered unlawful deductions from wages, that she was owed holiday pay, that she was entitled to an award for loss of statutory rights, and that she had not been provided with a written statement of particulars.
On remedy, the second respondent was ordered to pay gross sums of £2,793.26 for the redundancy payment, £150 for unpaid wages, £38.94 for accrued holiday, £500 for loss of statutory rights, and £500 for failure to provide a written statement of particulars. No separate payment was ordered for notice pay because the calculation showed that amounts already paid exceeded the gross entitlement. For unfair dismissal, the basic award was offset by the redundancy payment and a 100% Polkey deduction was applied to the compensatory award to reflect that the claimant would have been dismissed within the 12-week notice period had a fair procedure been followed, so no monetary award was made on that claim.