Mr M Richardson v R A Stores (Bradford) Ltd: 1800590/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims of unfair dismissal, outstanding holiday pay, unauthorised deduction from wages and failure to provide written statements of particulars of employment succeed.[2]The amount to be paid by the respondent will be determined by an Employment Judge if it is determined that sufficient information is provided to enable theREASONS
Upon considering the submissions of the claimant and the available material I am satisfied that a determination can be made of the claims.[1]The claimant presented a claim to the Employment Tribunal of unfair dismissal, outstanding holiday pay and unauthorised deduction from wages. It was submitted that the respondent had failed to provide written particulars of employment and an award will be made pursuant to section 38 of the Employment Act 2002. 3.. The time for presenting a response has expired and no valid response has been presented, and, on the information before the Employment Judge, these claims succeed. Case No: 1800590/2020 4.17 Rule 21 judgment – universal template[4]The claims of unauthorised deduction from wages and failure to provide written statements of particulars of employment succeed.[5]The claimant will provide a calculation showing the details of the claims he makes including details of his gross weekly pay for the purposes of calculating the basic award for unfair dismissal. The net weekly pay and the length of time for which he claims loss of earnings. The amount of holiday pay he claims and the basis on which it is calculated.[6]The claimant will also provide details of the benefits he received following the termination of his employment as the Employment Protection (Recoupment of Jobseeker’s Allowance 1996 may apply. Employment Judge Shepherd 9 June 2020 Case No: 1800590/2020 (A) 1 EMPLOYMENT TRIBUNALS By Telephone Claimant: Mr M Richardson Respondent: R A Stores (Bradford) Limited HELD AT: Leeds ON: 4 August 2020 BEFORE: Employment Judge Shulman REPRESENTATION: Claimant: In person, but represented by his mother. Respondent: Did not appear but was not represented.[1]The Claimant shall be paid by the Respondent the sum of £4,810.28 for unfair dismissal.[2]The Claimant shall be paid by the Respondent in respect of holiday pay the sum of £887.94.[3]The Claimant shall be paid by the Respondent in respect of unauthorised deduction of wages the sum of £493.30.[4]The Claimant shall be paid by the Respondent for no written statement of particulars the sum of £493.30. Grand total - £6,684.82.[1]Claims Judgment was given on 9 June 2020 for claims of unfair dismissal, no holiday pay, unauthorised deduction of wages and failure to provide written statements of particulars of employment. Case No: 1800590/2020 (A) 2[2]The Issues The issues in this case relate to what remedy the Claimant is entitled. He has opted for compensation.[3]The Facts The Tribunal, having carefully reviewed all the evidence (both oral and documentary) before it, finds the following facts (proved on the balance of probabilities): 3.1. Unfair dismissal The Claimant was employed by the Respondent from 1 January 2015 to 6 December 2019, so four full years. His age at termination was 31 years. His gross pay was £320.00 per week. He was out of work from 7 December 2019 to 1 March 2020, when he obtained a new job as a converter’s general assistant, earning more than his net wage with the Respondent, which was £246.65. The Claimant was out of work, therefore, for 12 weeks and two days. During that period he did draw Universal Credit Allowance. In relation to Universal Credit, some was a supplement to his wage with the Respondent but Universal Credit it is not relevant so far as an award made by the Tribunal is concerned, although it will be subject to the Employment Protection (Recoupment of Benefits) Regulations 1996 (the Recoupment Provisions). 3.2. Holiday pay The Claimant says his holiday year was 1 January to 31 December. He is entitled to 28 days holiday per annum and he did not take 18 days during the last holiday year in which he worked. We will apply his net wage (£246.65) to any calculation. It is worked out not on an annual daily basis (365 days) but on a 260 day year which gives the Claimant a daily holiday rate of £49.33. 3.3. Unauthorised deduction of wages The Claimant says that he had a week in hand and was not paid for his last week so that he is owed two weeks wages at the net rate pay. 3.4. No particulars The Claimant says he did not have a contract of employment.[4]Determination of the issues – remedy (after listening to the factual submissions made by and on behalf of the Claimant). 4.1. Unfair dismissal 4.1.1. The Recoupment Regulations apply. 4.1.2. The Tribunal has awarded compensation payable by the Respondent to the Claimant as follows: 4.1.2.1. Basic award £1280.00 4.1.2.2. Compensatory award 4.1.2.2.1. Immediate loss £3030.28 Case No: 1800590/2020 (A) 3 As the Tribunal has indicated no deduction for Universal Credit has been made and this will be dealt with through the Recoupment Provisions. 4.1.2.2.2. Loss of statutory industry rights £500.00 4.1.2.3. (i) Grand total £4810.28. (ii) Prescribed element £3030.28. (iii) Period of prescribed element 7 December 2019 to 4 August 2020. (iv) Excess of (i) over (ii) £1780.00 4.2. Holiday pay 18 days £887.94. 4.3. Unauthorised deduction of wages £493.30. 4.4. No written statement of particulars of employment £493.30[5]Total 5.1. Unfair dismissal £4810.28 5.2. Holiday pay £887.94 5.3. Unauthorised deduction of wages £493.30 5.4. No written statement £493.30 5.5. Total £6684.82