C Archer-Jones v B Jones, Prytherch & Co Marts Ltd: 1600287/2021
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 £11,538.60[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 4615.44. The claimant is responsible for payment of any tax or employee national insurance contributions due.[4]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 £1923.10. The claimant is responsible for payment of any tax or employee national insurance contributions due.[5]The Tribunal further declares that the respondent has failed to provide the claimant with itemised pay statements since September 2019.