Mr D Opalach v John’s Water Services Ltd: 1305220/2021
JUDGMENT
[1]Further to rule 21 of the Employment Tribunals Rules of Procedure, the Judgment of the Employment Tribunal is that: 1.1. The claimant was unfairly dismissed. 1.2. The respondent breached the contract of the claimant by failing to pay him notice pay. 1.3. The respondent made an unlawful deduction from the wages of the claimant.[2]Compensation will be assessed at a separate remedy hearing. Employment Judge Kelly 8 July 2022 Case Number: 1305220/2021 A 2 of 2 Case No: 1305220/2021 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr D Opalach Respondent: John’s Water Services Limited, a company in voluntary liquidation. Heard at: The Midlands West Employment Tribunal (remotely by CVP) On: 15 September 2022 Before: Employment Judge Wilkinson Representation Claimant: Mr S Gittins (counsel) Respondent: No attendance[1]Judgment for the claim for unfair dismissal shall be in the sum of £32,330.05 (gross), comprised as follows:a. Basic award: £11,424.00b. Compensatory award: £20,506.05c. Loss of Statutory rights: £400.00.[2]Judgment for the claim for breach of contract (unpaid notice pay) shall be in the sum of £6,036.96 (net).[3]Judgment for the claim for unlawful deduction from wages shall be in the sum of £6,883.46 (net), comprised as follows:a. Unpaid holiday pay: £2,607.28b. Unpaid Statutory sick pay: £2,515.40 Case No: 1305220/2021 10.2 Judgment - rule 61 February 2018c. Unpaid wages: £1,760.78.[4]Pursuant to section 38 of the Employment Rights Act 2002, the claimant not having been provided with written particulars of his employment, the claimant is awarded four weeks’ net pay in the sum of £2,012.32.[5]The total amount payable to the claimant is therefore: £47,262.79.