C Jenkins v B Jones, Prytherch & Co Marts Ltd: 1600276/2021 and 1602117/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was constructively unfairly dismissed.[2]The reason for the respondent’s fundamental breach of contract was due to the respondent ceasing to trade and the claimant was therefore dismissed by reason of redundancy and is entitled to a statutory redundancy payment of £5603.22.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £3735.48. The claimant is responsible for payment of any tax or employee national insurance contributions due.[4]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum for arrears of pay outstanding at the termination of employment of £13696.76. The claimant is responsible for payment of any tax or employee national insurance contributions due.[5]The respondent has failed to pay the claimant’s holiday entitlement accrued and outstanding on termination of employment and is ordered to pay the claimant the gross sum of £1556.45. The claimant is responsible for payment of any tax or employee national insurance contributions due.[6]The respondent is in breach of contract in not paying the claimant her outstanding expenses and the respondent is ordered to pay the claimant the sum of £2880.40.[7]The respondent is in breach of contract in failing to pay pension contributions to the pension provider. The respondent is ordered to pay the claimant the sum of £659.95 in respect of unpaid pension contributions since December 2019.[8]The Tribunal further declares that the respondent has failed to provide the claimant with itemised pay statements. 4.17 Rule 21 judgment – universal template. September 2017 Case No 1600276/2021 & 1602117/2020