Mr D Lane v Bespoke Hotels (Plymouth) Ltd: 1401261/2021

EMPLOYMENT TRIBUNALS
Case No 1401261/2021
Mr D LaneClaimantBespoke Hotels (Plymouth) LtdRespondent
Employment Judge MidgleyIn person for claimantNot represented for respondentDate 11 January 2022

JUDGMENT

[1]The claims of unfair dismissal contrary to s.136 ERA 1996, non-payment of redundancy pay pursuant to s.163 ERA 1996, breach of contract in respect of notice, and unauthorised deductions of wages contrary to s.13 ERA 1996 are well founded and succeed.[2]The respondent is ordered to pay the claimant compensation in the following sums: Redundancy pay (7 x 0.5 x £373.97 (gross) = £1,308.90 (8 x 1 x £373.97 (gross) = £2,991.76) Total £4,300.66 Notice pay (12 x £324.69 net) £3,896.311 Unpaid wages (2 days x £46.38 net) £92.77 1 The claimant made a claim to the NIS for notice pay. That claim was accepted on 4 May 2021 and a payment (after deductions) of £1097.00 was made to the claimant. The figure for notice in the Judgment reflects the total entitlement of the claimant both before receipt of that payment and in circumstances where the claimant alleged, and the respondent was not present to dispute, that the claimant did not work his notice or receive payment for it. However, the NIS letter of 4 May 2021 suggests that the claimant received £3447.99 during his notice period, equating to approximately 10 weeks’ pay. Case No: 1401261/2021