Mr Tom Milby v Doughnut Addict Ltd: 1402808/2019

EMPLOYMENT TRIBUNALS
Case No 1402808/2019Venue CHAMBERS AT PlymouthHearing 28 October 2019 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The correct name of the respondent is Doughnut Addict Limited and the record is amended accordingly; and 2. The claimant’s claim for breach of contract in respect of his notice pay succeeds; and 3. The claimant’s claim for unlawful deduction from wages succeeds; and 4. The claimant’s claim for accrued but unpaid holiday pay succeeds; and 5. The appropriate remedy will be determined at a hearing notice of which will be sent to the parties in due course. JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD IN CHAMBERS AT Plymouth ON 29 May 2020 JUDGMENT ON REMEDY UNDER RULE 21 1. The claimant’s claim for breach of contract in respect of his one month’s notice pay has succeeded and the respondent is ordered to pay the claimant the net sum of £2,132.00; and 2. The claimant’s claim for unlawful deduction from wages has succeeded and the respondent is ordered to pay the claimant 89.1 hours’ overtime pay in the gross sum of £1,247.40; and 3. The claimant’s claim for accrued but unpaid holiday pay has succeeded and the respondent is ordered to pay the claimant eight days’ pay in the gross sum of £1,200.00; and 4. The respondent failed to issue the claimant with a written statement of the particulars of his employment and is ordered to pay the claimant two weeks’ pay in the gross sum of £1,076.00.
Between
Mr Tom MilbyClaimantDoughnut Addict LtdRespondent
Before
Employment Judge N J Roper DatedDate 28 October 2019

JUDGMENT

[1]The correct name of the respondent is Doughnut Addict Limited and the record is amended accordingly; and[2]The claimant’s claim for breach of contract in respect of his notice pay succeeds; and[3]The claimant’s claim for unlawful deduction from wages succeeds; and[4]The claimant’s claim for accrued but unpaid holiday pay succeeds; and[5]The appropriate remedy will be determined at a hearing notice of which will be sent to the parties in due course.[1]The claimant’s claim for breach of contract in respect of his one month’s notice pay has succeeded and the respondent is ordered to pay the claimant the net sum of £2,132.00; and[2]The claimant’s claim for unlawful deduction from wages has succeeded and the respondent is ordered to pay the claimant 89.1 hours’ overtime pay in the gross sum of £1,247.40; and[3]The claimant’s claim for accrued but unpaid holiday pay has succeeded and the respondent is ordered to pay the claimant eight days’ pay in the gross sum of £1,200.00; and[4]The respondent failed to issue the claimant with a written statement of the particulars of his employment and is ordered to pay the claimant two weeks’ pay in the gross sum of £1,076.00.