Ms S Ashworth v Mrs C Charlton (acting for the estate of Mr B Charlton): 1600846/2023

EMPLOYMENT TRIBUNALS

Case No 1600846/2023

Between

Ms S AshworthClaimant

Mrs C Charlton (acting for the estate of Mr B Charlton)Respondent

Before

Employment Judge S Moore

Ms Ibbotson (instructed by Counsel) for claimant

Not represented for respondent

Date 18 September 2024

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Wales Employment Tribunals on 29 April 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure. The judgment of the Tribunal is as follows: Wages

[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period January 2023.

[2]The respondent shall pay the claimant £557.50, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay

[3]The complaint of breach of contract in relation to notice pay is well-founded. Case No: 1600846/2023 4.17 Rule 21 judgment – universal template. September 2017

[4]The respondent shall pay the claimant £1029.20 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay

[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.

[6]The respondent shall pay the claimant £205.33. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment

[7]Under section 163 and 174 (2) Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1542.81. Unfair Dismissal

[8]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.

[9]The respondent shall pay the claimant the following sums:(a) A compensatory award of £1792.301.

(b) Loss of statutory rights of £500.00.

[10]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply Failure to provide a written statement of employment particulars

[11]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £257.30. 1 27.5 weeks loss minus 8 weeks compensated under wrongful dismissal Case No: 1600846/2023 4.17 Rule 21 judgment – universal template. September 2017