Employment Tribunals

Case No. 2401724/2017 1 EMPLOYMENT TRIBUNALS Claimant: Ms E Keogh Respondent: Asda Stores Limited HELD AT: Liverpool ON: 25 and 26 July 2017 BEFORE: Employment Judge Horne REPRESENTATION: Claimant: Respondent: Mr J Heath, solicitor Ms H Gardiner, counsel JUDGMENT 1. The claimant was not unfairly dismissed. 2. The respondent breached the claimant’s contract by failing to give notice of termination and is liable to pay damages in an amount to be determined. 3. The claimant’s damages are to be calculated in the sum of £5,148.00 less any net earnings received by the claimant during the notice period. 4. The respondent is ordered under section 38 of the Employment Act 2002 to pay the claimant two weeks’ pay totalling £958.00. Employment Judge Horne 27 July 2017 SENT TO THE PARTIES ON 1 August 2017 FOR THE TRIBUNAL OFFICE Case No. 2401724/2017 2 Note – reasons for the judgment were given orally at the hearing. Neither party applied for written reasons at that time. Written reasons will not be provided unless a party makes a request in writing within 14 days of the date on which the judgment was sent to the parties. Case No. 2401724/2017 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2401724/2017 Name of case(s): Ms E Keogh v Asda Stores Limited The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant decision day" is: 01 August 2017 "the calculation day" is: 02 August 2017 "the stipulated rate of interest" is: 8% MRS L WHITE For the Employment Tribunal Office Case No. 2401724/2017 4 Case No: 2401724/2017 EMPLOYMENT TRIBUNALS Claimant: Ms E Keogh Respondent: Asda Stores Limited JUDGMENT The proceedings are dismissed following a withdrawal of the claim by the claimant. Employment Judge Franey 29 August 2017 JUDGMENT SENT TO THE PARTIES ON 29 August 2017 FOR THE TRIBUNAL OFFICE