Wendy Anne Dando v Davies Wallpapers Ltd: 1601157/2018
JUDGMENT
In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claims:• Unpaid Wages: £ 249.39• Unpaid Holiday Pay: £ 935.17• Notice Pay: £ 3,051.10 Total: £ 4,235.66 The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded in respect of unpaid wages and unpaid holiday pay. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT: CARDIFF ON: 4TH DECEMBER 2018REASONS
[1]The claimant presented her claim in a timely manner. It set out a coherent basis for claims which were not denied by the respondent which failed to present a response.[2]In respect of the sums claimed, I took into account the written representations of the claimant set out in her email to the Employment Tribunal dated the 21st October 2018 wherein she claimed the amounts I awarded in the Judgment of the 4th December 2018.[3]I found in favour of the claimant in each respect by reason of the respondent’s failure to submit a response, the application of rule 21 of the Employment Tribunal’s Rules of Procedure 2013, the absence of any evidence contrary to the details presented by the claimant and the apparent logic of the claimant’s rational in her said representations. Judgment entered into Register _____________________ And copies sent to the parties on:[1]On the 31st December 2018 a judgment made under rule 21 of the Employment Tribunal Rules 2013 was promulgated. The content that judgment was drawn from the detail of calculation, provided by the claimant, at the Tribunal’s request.[2]That calculation did not address a redundancy payment and I made the decision without sufficient reference to the claim form wherein such a claim was made.[3]The claimant, after requesting reasons, had appropriately presented her appeal to the Employment Appeal Tribunal and at this juncture I have become aware of my omission.[4]In accordance with the overriding objective of the Tribunal, which includes dealing with matters expediently and in a cost efficient manner, I have exercised my discretion, under rule 70 of the Employment Tribunal Rules 2013, to reconsider my judgment and correct my omission so as to provide the claimant with her remedy expediently and without burdening the Employment Appeal Tribunal, and the claimant, with the cost and time of further consideration of my error.[5]Accordingly, on reconsideration of my judgment, the judgment is varied to include an award of statutory redundancy pay calculated as follows:[6]The claimant’s date of birth was 28th December 1959 and, at the material time, she earned a gross weekly wage £249.39. Her employment commenced in June 1988 and continued to the 7th July 2018 when she was dismissed by reason of redundancy.[7]Accordingly, I order the respondent to pay to the claimant a redundancy payment in the sum of £7,357.00. Judgment entered into Register And copies sent to the parties on: ___27 April 2019