Mr M Newnes v Allroads Transport and Storage Ltd: 1601614/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed by reason of redundancy on 15 July 2019. He is therefore entitled to a statutory redundancy payment, calculated at 8 years x 1½ x £295.56, i.e. £3,546.72.[2]In breach of contract, the respondent failed to give the claimant notice of the termination of his employment or make a payment in lieu thereof. The respondent is therefore ordered to pay the claimant damages in the sum of 8 weeks’ net pay x £241.90, i.e. £1,935.20.[3]In breach of Regulation 14(2) of the Working Time Regulations 1998, the respondent failed to pay the claimant a sum in lieu of 6 days’ holiday that he had accrued but not taken by the date on which his employment terminated. The respondent is ordered to pay him the sum of £591.12 in this regard.[4]In breach of Section 13(1) of the Employment Rights Act 1996, the respondent deducted from the claimant’s wages, without his authorisation, pay in respect of Friday 12- Sunday 14 July 2019 inclusive (36 hours’ pay at £8.21 per hour). It is ordered to pay him the sum of £295.56 in this regard. The total amount the respondent must pay to the claimant is therefore £6,368.60. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded at paragraphs 3 and 4 above. Case Number: 1601614 / 2019