Mr A Nicholson v D.L.M Pub Company Ltd: 1308372/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Midlands West Employment Tribunal on 13 November 2022. The respondent has failed to present a valid response on time and failed to make an application for an extension of time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[1]The claim for unfair dismissal is well founded and succeeds.[2]The claim for wrongful dismissal is well founded and succeeds.[3]The Tribunal declares that the respondent made unauthorised deductions from the claimant’s wages.[4]The claim for unpaid holiday pay is well founded and succeeds.[5]The claim for failure to inform and consult under TUPE is not well founded and is dismissed.[6]The respondent shall make the following payments to the claimant within 28 days and shall be responsible for the payment of any applicable tax and national insurance: Wrongful dismissal - £2,166.67 gross (one month’s notice pay) Unfair dismissal basic award - £1,500 gross Unfair dismissal – compensatory award – £1,312 net (n.b.net of wrongful dismissal period and income earned from alternative employment) In respect of unauthorised deductions - £1,000 gross. (Period from 31st May to 13th June). Holiday pay - £3,370 gross. (33.7 days) Loss of statutory rights - £1000 Total: £10,348.67 Case No: 1308372/2022 10.1 Judgment – no hearing - rule 60 February 2018