Mr I Brutus v Paul Canela Ltd: 1400836/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Bristol Employment Tribunals on 8 June 2021. The respondent has failed to present a valid response on 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.[2]The respondent has made unauthorised deductions from the claimant’s wages.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment.[5]The respondent has failed to pay the claimant’s holiday entitlement.[6]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. Employment Judge Midgley Date: 24 January 2022 Judgment sent to parties: 3 February 2022 FOR THE TRIBUNAL OFFICE Case No: 1400836/2021 EMPLOYMENT TRIBUNALS Claimant: Mr I Brutus Respondent: Paul Service Ltd Heard at: Bristol (by VHS) On: 6 May 2022 Before: Employment Judge Leverton (sitting alone) Representation Claimant: In person Respondent: No appearance or representation[1]The claim against Paul Canela Ltd is dismissed and Paul Service Ltd is substituted as the Respondent.[2]A default judgment is issued against Paul Service Ltd in the following terms:a. The Respondent has made unauthorised deductions from the Claimant’s wages.b. The Claimant was dismissed in breach of contract in respect of notice and the Respondent must pay damages to the Claimant.c. The Respondent has failed to pay the Claimant’s holiday entitlement. The claim for a redundancy payment is dismissed.[4]The Tribunal orders the Respondent to pay the Claimant total gross compensation of £2,491.63, comprising:a. £1,000 (gross) in respect of his claim for two weeks’ unpaid wages under Part II Employment Rights Act 1996 (ERA) (unauthorised deductions from wages). The Claimant is not entitled to recover any further sums for unpaid sick pay.b. £500 (gross) as damages for breach of contract in respect of one Case No: 1400836/2021 week’s statutory notice due under section 86 ERA.c. £991.63 (gross) for 11.9 days’ unused holidays outstanding on termination of employment under regulation 14 of the Working Time Regulations 1998.