Miss Samantha Wilson v Jackies Hair Salon — 2021

Miss Samantha Wilson worked for Jackies Hair Salon from 20 August 2018 as a hairdresser for 16 hours per week at £7.70 per hour. The tribunal found that the respondent’s holiday year was the calendar year, that the claimant was entitled to 28 days of paid leave in 2020, and that by 11 September 2020 she had taken no paid leave. The salon had closed on 23 March 2020, reopened on 15 July 2020, and closed again on 11 September 2020 because it could not continue to trade by reason of business debts.

On holiday pay, the tribunal accepted the claimant’s calculation and held that £512.00 was due for accrued and untaken leave at the effective date of termination. On redundancy, the tribunal found that the claimant was dismissed because the respondent ceased to carry on the business for which she had been employed, so she was dismissed by reason of redundancy within section 139(1)(a)(i) of the Employment Rights Act 1996. It found that she had two complete years of service, was 23 years old, and had a gross weekly pay of £123.30, producing a statutory redundancy payment of £184.80.

On notice, the tribunal found that the claimant was entitled to two weeks' notice by virtue of her two years' service, that none was given, and that she was therefore entitled to damages of £262.40. The total amount awarded was £959.20. The tribunal also recorded that, in discussion with Ms Anderson, it was not likely that the respondent would be able to pay the sums awarded.