Ms LesleyAnne Taylor v ` Hasta Manana Ltd — 2021

The tribunal found that Ms LesleyAnne Taylor had worked for Hasta Manana Limited from 29 March 2005 until her dismissal on 23 October 2020. The respondent had closed its premises in later March 2020 because of Covid-19 measures, placed her on furlough under the CJRS, and later decided not to resume trading. The tribunal found the parties' evidence credible and that the relevant background facts were largely agreed.

On redundancy, the tribunal found that Ms Taylor had been dismissed by reason of redundancy within section 139 ERA 1996 because the respondent had ceased to carry on the business at the premises where she worked. It found she was entitled to a statutory redundancy payment under sections 135 and 162 ERA 1996, and that the correct amount was £3,399.15. Although the respondent's letter of 3 August 2020 referred to a redundancy figure of £3,557.25, the tribunal applied the statutory calculation and awarded the lower amount.

On notice pay, the tribunal found that the letter of 3 August 2020 gave notice beginning on 4 August 2020 and ending on 27 October 2020, but that employment actually ended on 23 October 2020. That meant 4 days of notice were unpaid, worth £126.48, and the claimant was also entitled under the CJRS and section 86 ERA 1996 to be paid at full rate rather than furlough rate during notice. The tribunal calculated the additional shortfall at £366.79, giving a total notice award of £493.27.

On accrued holiday, the tribunal found that Ms Taylor was entitled to four weeks' paid leave per year and that untaken leave remained due on termination. It accepted the respondent's figure of £632.40 gross as the correct amount under the Working Time Regulations 1998. The total award was therefore £4,524.82.