Mr R Couch v Southwest Building Contractors (Cornwall) Ltd and others: 1405965/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 THE JUDGMENT OF THE TRIBUNAL IS THAT: -[1]The Claimant’s complaint of unfair dismissal is dismissed upon withdrawal by the Claimant.[2]The Second and Third Respondents are dismissed from the proceedings.[1]The Claimant is entitled to a statutory redundancy payment in the sum of £1,575 (3 weeks x week’s pay of £525) and the Respondent is ordered to pay such monies to the Claimant.[2]The Respondent has failed, in breach of contract, to: -(a) give the Claimant one month’s notice/ payment in lieu thereof and(b) make pension contributions during such notice period. The Claimant is accordingly awarded, and the Respondent is ordered to pay to the Claimant, damages in the total sum of £2,887.97 calculated as follows: - (a) £2,690.48 net in respect of such notice entitlement and (b) £197.49 in respect of such pension contributions.[3]The Respondent has made an unlawful deduction in respect of the Claimant’s accrued holiday pay of 5 days. The Claimant is accordingly awarded and the Respondent is ordered to pay to the Claimant the sum of £769.23 gross in respect of such unlawful deduction (£40,000/52 weeks).[4]The Respondent has made further unlawful deductions in respect of the Claimant’s pension entitlements for July 2019 in the total sum of £197.49. The Claimant is accordingly awarded and the Respondent is ordered to pay to the Claimant the sum of £197.49 gross in respect of such unlawful deductions. 4.17 Rule 21 judgment – universal template. 01/01/14 Case No: 1405965/2019[5]The Claimant is therefore awarded, and the Respondent is ordered to pay to the Claimant the total sum of £5,429.69