Mr Andrew Rees v Camelot IT (South Wales) Ltd: 1601433/2018 and 1601398/2018

EMPLOYMENT TRIBUNALS

Case No 1601433/2018, 1601398/2018

Between

Mr Andrew ReesClaimant

Camelot IT (South Wales) LtdRespondent

Before

Employment Judge Howden-Evans

In person for claimant

Not represented for respondent

Date 20 December 2018

JUDGMENT

Upon there being no attendance by or on behalf of the respondent and having heard evidence from the claimant, the employment judge’s decision is:

[1]The correct name of the respondent is Camelot I.T. (South Wales) Limited.

[2]The respondent has dismissed Mr Rees on grounds of redundancy. Mr Rees is entitled to a statutory redundancy payment from the respondent of £5,940.

[3]The respondent has dismissed Mr Rees with insufficient notice. Mr Rees is entitled to £4,320 compensation for breach of contract for lack of notice (notice pay (net)).

[4]Mr Rees is owed £646.23 (gross) for outstanding wages and £504.00 (gross) for unpaid holiday pay. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded in respect of the unpaid wages and unpaid holiday pay.

[5]The total amount owed to Mr Rees is £11,410.23. In the event of this debt not being paid in full within 14 days of this judgment, interest will accrue on this debt, at a rate of 8% per annum on any amount of this award that remains unpaid. (See Article 3 (1) Employment Tribunals (Interest) Order 1990). Case No: 1601433/18 & 1601398/18

[6]As the respondent company is subject to an active proposal for a voluntary strike off at Companies House and the claimant believes the respondent has ceased trading, it is likely Mr Rees will face difficulty recovering this debt from the respondent. If Mr Rees is unable to recover this debt from the respondent, he is referred to section 166(1)a Employment Rights Act 1996, which explains his right to claim payment from the National Insurance Fund.

[7]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do not apply to this award.