Mr S Anderson v Southwest Care Ltd (in liquidation): 1403862/2020
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages.[2]In breach of contract the respondent failed to pay wages due to the claimant.[3]In breach of contract the respondent failed to give the claimant notice in respect of termination of the contract of employment.[4]The claimant was unfairly dismissed in circumstances to which section 100 Employment Rights Act pertains.[5]The respondent has failed to pay sums due in respect of the claimant’s accrued holiday pay.[6]The respondent has discriminated against the claimant contrary to section 15 Equality Act 2010.[7]The remedies to which the claimant is entitled will be determined at the Remedy Hearing listed for 21 May 2021. Employment Judge Dawson Date: 21 May 2020 Judgment sent to the Parties: 16 June 2021 FOR THE TRIUBNAL OFFICE Case Number: 1403862/2020 EMPLOYMENT TRIBUNALS Claimant: Mr S Anderson Respondent: Southwest Care Ltd (in liquidation) Heard at: Southampton (by CVP) On: 21 May 2021 Before: Employment Judge Dawson Appearances For the claimant: Mr Morris, solicitor For the respondents: No attendance[1]The claimant has permission to amend his claim for loss of earnings to £1151.70.[2]In respect of the claims of breach of contract: a) In respect of the claim in respect of notice the claimant is awarded the sum of £160. b) In respect of unpaid wages due at the date of dismissal the claimant is awarded the sum of £1151.70.[3]In respect of the claim of unauthorised deduction from the claimant's wages, the claimant suffered a deduction of £1151.70, but given that this head of claim is compensated under the claim of breach of contract, no separate award is made.[4]No award is made in respect of the claim of unfair dismissal.[5]In respect of the claim for accrued but unpaid holiday pay the claimant is awarded the sum of £192.[6]In respect of the claim of discrimination, the claimant is awarded the sum of £10,000 in respect of injury to feelings and interest of £800.REASONS
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.