Mrs E Moss v Carlimits Ltd (In Creditors Voluntary Liquidation) (England and Wales : Breach of Contract) -[2022] UKET 3200429/2019- (13 January 2022)

Key Facts

Issues

• The Claimant was unfairly dismissed by Carlimits Ltd (In Creditors Voluntary Liquidation).
• The Respondent failed to pay the Claimant her notice pay.
• The Claimant was subjected to a detriment in breach of section 47B Employment Rights Act 1996 in not being given a pay rise.

Holdings

• The Claimant was unfairly dismissed according to the court's determination.
• The Claimant suffered a detriment under section 47B of the Employment Rights Act 1996 due to the withholding of a pay rise.
• The Respondent did not pay the Claimant her notice pay as required by law.

Remedies

• Unpaid notice pay: £2,286.65 (£457.33 x 5)
• Detriment for withheld pay rise: £780.00 (£60 increase per week x 13 weeks)
• Basic Award: £3,429.97 (week's pay of £457.33 x 7.5)
• Compensatory award for loss of statutory rights: £250.00

Legal Principles

• The Claimant suffered a detriment by not receiving a pay rise, breaching section 47B of the Employment Rights Act 1996.
• The Claimant was found to have been unfairly dismissed by the Respondent in violation of employment law.
• The Respondent failed to pay the Claimant her statutory notice pay as required by law.

Cited Statute

Judge Name

Passage Text

• 2. The Respondent is ORDERED to pay the Claimant compensation as follows:- (a) Basic Award (week's pay of £457.33 x 7.5) £3,429.97 (b) Unpaid notice pay (£457.33 x 5) £2,286.65 (c) Detriment suffered prior to dismissal in pay rise being withheld (£60 increase per week x 13) £780.00
• 1. Upon hearing and accepting the Claimant's evidence, IT IS ADJUDGED that the Claimant was unfairly dismissed, that the Respondent failed to pay the Claimant her notice pay, and that the Claimant was subjected to a detriment in breach of section 47B Employment Rights Act 1996 in not being given a pay rise.