Automated Summary
Key Facts
The claimant (Mr B Walczak) was dismissed in breach of contract regarding notice but suffered no loss as he found new work during the notice period. The dismissal was ruled to be due to redundancy, entitling him to a redundancy payment of £1478.40 (calculated from a weekly salary of £369.60, 6 years' service, and a multiplier of 4). The respondent (Weatherbreak Windows Ltd) failed to pay 8 days of holiday entitlement, resulting in an ordered payment of £591.36 (8 x £9.24 per day).
Issues
- The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £591.36 (being 8 days, and calculated at 8 x £9.24 per day).
- The claimant was dismissed in breach of contract in respect of notice. However, the Claimant suffered no loss because he managed to find work during the notice period.
- The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1478.40 (based on weekly salary of £369.60 and 6 years' service and a multiplier [(4 x 0.5) + (2 x 1.0) =] of 4).
Holdings
- The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £591.36 (being 8 days, and calculated at 8 x £9.24 per day).
- The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1478.40 (based on weekly salary of £369.60 and 6 years' service and a multiplier [(4 x 0.5) + (2 x 1.0) =] of 4).
- The claimant was dismissed in breach of contract in respect of notice. However, the Claimant suffered no loss because he managed to find work during the notice period.
Remedies
- The respondent is ordered to pay £591.36 for 8 days of unpaid holiday entitlement, calculated at £9.24 per day.
- The claimant was entitled to a redundancy payment of £1478.40 based on a weekly salary of £369.60 and 6 years' service with a multiplier of 4.
Monetary Damages
2069.76
Legal Principles
- The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £591.36 (being 8 days, and calculated at 8 x £9.24 per day).
- The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1478.40 (based on weekly salary of £369.60 and 6 years' service and a multiplier [(4 x 0.5) + (2 x 1.0) =] of 4).
- The claimant was dismissed in breach of contract in respect of notice. However, the Claimant suffered no loss because he managed to find work during the notice period.
Judge Name
Employment Judge Quill
Passage Text
- 2. The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1478.40 (based on weekly salary of £369.60 and 6 years' service and a multiplier [(4 x 0.5) + (2 x 1.0) =] of 4).
- 3. The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £591.36 (being 8 days, and calculated at 8 x £9.24 per day).
- 1. The claimant was dismissed in breach of contract in respect of notice. However, the Claimant suffered no loss because he managed to find work during the notice period.