Mr S Barnes v Certa Precision Engineering Ltd: 1800305/2025
JUDGMENT
The claim was presented in the Leeds Employment Tribunal on 09 January 2025. 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 22 of the Rules of Procedure.[1]The claim of unfair dismissal is well-founded and succeeds.[2]The claim of wrongful dismissal (notice pay) is well-founded and succeeds.[3]The claim of failure of the respondent to pay a statutory redundancy payment is wellfounded and succeeds.[4]The claim of failure of the respondent to pay holiday pay is well-founded and succeeds.[5]The claim of failure of the respondent to provide a written statement of terms and conditions, contrary to Section 1 of the Employment Rights Act 1996 is well-founded and succeeds. NOTES[6]The compensation for unfair dismissal, failure of the respondent to comply with Section 1 of the Employment Rights Act 1996 and the damages to which the claimant is entitled to for wrongful dismissal (notice pay), statutory redundancy payment and holiday pay will be determined at a Remedy Hearing. A notice of the Remedy Hearing will be sent separately. The respondent will only be entitled to take part in this hearing to the extent permitted by the Employment Judge who hears the case. Approved by: Employment Judge Singh 31st July 2025 Case No: 1800305/2025 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr S Barnes Respondent: Certa Precision Engineering Limited Heard at: Leeds (by CVP) On: 4 August 2025 Before: Employment Judge Themistocleous Representation Claimant: Mr T Benjamin, Counsel Respondent: Did not attend[1]The Claimant was dismissed by the Respondent by reason of redundancy and is entitled to a statutory redundancy payment in the sum of £19,600.[2]The complaint of Unfair Dismissal pursuant to section 98 of the Employment Rights Act 1996 is well founded. No additional basic award is due in light of the decision in paragraph 1 above. The Respondent is ordered to pay £7743.28 as a compensatory award. It was not required to gross up this sum. The Recoupment Regulations do not apply to this judgment.[3]The complaint of breach of contract (notice pay) is well founded. The Respondent is ordered to pay to the Claimant the gross sum of £8800, from which any applicable statutory deductions will fall to be made.[4]The complaint of failure to provide 1 statement of terms and conditions is well founded. The Respondent is ordered to pay to the Claimant the sum of £2800 (4 week’s pay).[5]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 in relation to holiday pay is well-founded. The Respondent made an unauthorised deduction from the Claimant's pay in respect of 2.5 weeks accrued but untaken holiday in the 2024 leave year. The Respondent is ordered to pay to the Case No: 1800305/2025 10.2 Judgment - rule 61 March 2017 Claimant the gross sum of £2964.33 deducted from pay, from which any applicable statutory deductions will fall to be made. Employment Judge Themistocleous 18 August 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.