Mr H Oliveira, Son For the v Respondent — 2023

Employment Judge M Ord heard the case at Cambridge on 2 and 3 October 2023, with Mr H Oliveira for the claimant and Mr T Wood, Counsel, for Mach Recruitment Limited. The tribunal recorded that the claimant had been employed from 18 July 2018 following a relevant transfer from G-Staff Limited, with continuous employment from 8 June 2015. The dismissal appeared on the P45 as 4 June 2021, but the claimant was not told until 14 February 2022 when the P45 was sent to her.

The complaint that the claimant was not paid sick pay was dismissed on withdrawal. The complaint for outstanding holiday pay was resolved by private agreement and the judgment records it as dismissed rather than decided on the merits.

On the remaining claims, the tribunal found that the respondent dismissed the claimant on redundancy grounds and failed to follow a fair procedure, so the dismissal was unfair. It also found that the dismissal was in breach of contract. The tribunal further found that, had a fair procedure been followed, it was 100% certain the claimant would still have been dismissed on 30 September 2021.

On remedy, the parties agreed the sums. The judgment records a redundancy payment of 3260.88, 43.48 for pension contributions due during the notice period, and 2173.92 gross for breach of contract, totalling 5478.28. No separate quantified unfair dismissal compensation, interest, or injury to feelings award is recorded in the text.