Miss D Noble v Jill Brown T/a Nice Stuff: 4107712/2020
| Judgment Date | 02 June 2021 |
| Subject Matter | Breach of Contract |
| Date | 02 June 2021 |
| Citation | 4107712/2020 |
| Published date | 21 June 2021 |
| Court | Employment Tribunal |
ETZ4(WR)
IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH
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Judgment of the Employment Tribunal in Case No: 4107712/2020 Heard at
Edinburgh on the 28th and 29th April 2021
Employment Judge J G d’Inverno
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Miss D Noble Claimant
In Person
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Jill Brown trading as Nice Stuff Respondent
In Person
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The Judgment of the Employment Tribunal is:-
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(First) That the respondent shall pay to the claimant the sum of £36.30
(THIRTY SIX POUNDS AND THIRTY PENCE) being the balance
outstanding of the redundancy payment to which she is entitled; and
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(Second) That the respondent shall pay to the claimant the sum of £24.20
(TWENTY FOUR POUNDS AND TWENTY PENCE) being the balance of
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sums owed to the claimant by way of pay in lieu of notice under the
arrangement entered into between the parties.
4107712/2020 Page 2
REASONS
1. This case called for Final Hearing at Edinburgh on 28th and 29th April 2021.
Each of the parties appeared in person.
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Agreed Facts
2. In the course of Case Management Discussion, conducted by the Tribunal
prior to the commencement of the Hearing, parties confirmed and the
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Tribunal records the following matters of fact which were agreed between the
parties for the purposes of the Hearing, and the following Issues requiring
investigation and determination at Hearing.
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Agreed Facts
(a) The claimant’s dates of continuous employment linked by reason of regulated
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transfers of relevant undertakings were from the 1st of June 2010 to the 1st of
November 2020.
(b) The Effective Date of Termination (“ETD”) of the claimant’s employment was
the 1st of November 2020.
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(c) As at the Effective Date of Termination the claimant had accrued
10 continuous years of employment.
(d) The claimant’s date of birth is 18th of the 6th 1955 and, as at the Effective
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Date of Termination the claimant was 65 years of age.
4107712/2020 Page 3
(e) As at the EDT the claimant had statutory entitlement, in terms of section
86(1)(b) of the Employment Rights Act 1996, to receive 10 weeks’ notice of
dismissal which failing 10 weeks’ net pay in lieu of notice.
(f) Let it be assumed the claimant was dismissed for reason of redundancy, as
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at the EDT, the claimant had a statutory entitlement to receive redundancy
payment based upon 10 years x (1.5 weeks gross weekly wage).
(g) As at the Effective Date of Termination the claimant’s gross and net weekly
wages were the same.
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(h) As at the EDT the claimant’s gross and net monthly pay was £576 and her
gross and net weekly pay was £133 (being £576 x 12 = £6,912 ÷ 52).
(Although agreeing that calculation and value of net weekly wage at the
outset of the Hearing the respondent departed from it in submission reverting
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to reliance upon her pre litigation calculation of weekly wage in the sum of
£130.50/week. The value of the relevant weekly wage was, accordingly, a
matter determined by the Tribunal.)
(i) Following her dismissal and prior to the date of Hearing the respondent had
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paid to the claimant and the claimant had received from the respondent a
payment of £1,957.50 in the name of a redundancy payment and a sum of
£1,305 pay in lieu of notice which payments the claimant received only in
partial satisfaction of the sums which she claimed under each head
maintaining her claim for an additional sum under each.
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(j) Following the transfer of the claimant’s employment to the respondent, in
October of 2018, the weekly hours worked by the claimant reduced from
16 hours to 13.5 in January of 2019 and thereafter increased to 14.5 in June
of 2019.
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(k) Notwithstanding the above net reduction in hours to 754 hours per year the
claimant continued to be paid by the respondent for the previously contracted
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