Ms A Bellwood and Others v Taylor & Lodge (Huddersfield) Ltd: 1801569/2025 and Others
JUDGMENT
[1]The hearing was adjourned until the final hearing which will take place by CVP on 5 August 2025. The case will be heard by an Employment Judge. The hearing will start at 10.00 am. You must arrive by 9.45 am.[2]Having regard to Rule 22(2) Employment Tribunal Rules the respondent having failed to enter into an appearance a determination of the claims or part can be made in relation to the claims of holiday pay and unauthorised deduction of wages.[3]The respondent is ordered to pay Ms Bellwood by way of holiday pay the sum of £1875.60.[4]Mr Brumfitt and Mr Stead are each entitled to unauthorised deduction of wages in the sum of £2016.96 (each).[5]The claims of redundancy pay and notice pay are adjourned to enable the parties to take advice as to whether or not they have been dismissed which is an essential ingredient to these claims.[6]Mr Brumfitt and Mr Stead are claiming pension sums. Equally they will take advice but it looks as though those claims are not within the jurisdiction of the Tribunal.[7]By the time of the hearing the claimants must prepare a file of documents with an index and page numbers dealing with the question of whether or not they were dismissed and setting out how much compensation they are claiming for redundancy payment and notice pay and how the amounts have been calculated.REASONS
[1]Claims 1.1. Redundancy pay. 1.2. Notice pay. 1.3. Holiday pay. 1.4. (Pension). 1.5. Unauthorised deduction of wages.[2]Issues 2.1. The issues which remain in this case relate to: Notice pay and redundancy pay. In each case the question is whether or not the claimants were dismissed. This could include whether or not the claimants have terminated the contract under which they were employed (with or without notice) in circumstances in which they are entitled to terminate it without notice by reason of the employer’s conduct.[3]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. The claimants are claiming redundancy payments and notice pay. It is unclear at this stage whether the claimants have been dismissed. 3.2. For that reason the Tribunal directed the claimants to take advice before attending the adjourned hearing as to whether or not they were dismissed having regard to that whether they waited too long before resigning if they are resigning in response to the respondent’s conduct. 3.3. What is known at this stage is that the claimants are not attending work and that the building at which they were employed is locked. 3.4. The respondent is 90% owned by a company called Shandong Ruyi Technology Group Limited believed to be a British company. 3.5. As far as Ms Bellwood is concerned and her right to holiday pay this covers the period 1 January 2024 to 31 December 2024. Her annual salary is £16255.20 at a daily rate of £62.52. There are 30 days holiday and her entitlement is £1875.60. 3.6. So far as Mr Brumfitt and Mr Stead are concerned they are claiming unauthorised deduction of wages. They were last paid on 30 November 2024 and presented their claims on 2 January 2025 so that they are claiming 33 days pay with an annual wage of £22308.00 and a daily rate of £61.12 making their entitlement in each case £2016.96. 3.7. The Tribunal was able to deal with the claims for holiday pay and unauthorised deduction of wages and did so but redundancy pay and notice pay remain to be dealt with for the reasons set out above. The question of pension remains outstanding but not thought to be within the jurisdiction of the Tribunal. J Shulman Approved by