I M Farcas and others v Ashgrove (Swansea) Ltd and R Hunt: 1601209/2022 and 1601193/2022
JUDGMENT
[1]Claimant 2 did not attend; his claim has been adjourned for further information due to the fact that he is unwell.[2]Claimants 1, 3 and 4 are entitled to claim statutory redundancy payments.[3]The respondent breached the employment contract in respect of claimants 1, 3 and 4. The respondent is ordered to pay notice pay and holiday pay in respect of claimants 1,3 and 4 and also travelling expenses in respect of claimant 1.[4]Claimants 1, 3 and 4’s claim for the unauthorised deduction of wages when they were laid off is not well founded and is dismissed as there was a contract term permitting “laying off”. Case Number: 1601209/2022 & 1601193/2022 2[5]In breach of Section 13(1) of the Employment Rights Act 1996, the respondent deducted from claimant 1’s wages, without her authorisation, the layoff payment. It is ordered to pay her the sum of £150 gross.[6]The respondent is therefore ordered to pay Claimant 1 as follows: Redundancy payment £5424.50 Notice Pay £8656.00 Travel expenses £ 303.85 Deduction of Lay off payment £ 150.00 Holiday Pay £1278.00 TOTAL: £15811.50[7]The respondent is therefore ordered to pay Claimant 3 as follows: Redundancy payment £821.75 Notice Pay £1150.45 Holiday Pay £266.00 TOTAL: £2238.20[8]The respondent is therefore ordered to pay Claimant 4 as follows: Redundancy payment £7308 Notice Period £3990.00 Holiday Pay £332.50 TOTAL: £11630.50 The claimants are responsible for any income tax or employee national insurance contributions that may be due on the sums awarded at paragraph 6,7,8 above. Employment Judge Brady Dated: 12 May 2023REASONS
[1]By a letter dated 01 March 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because:• it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.