Mr T McIntosh v P&G Elite Investments Ltd: 1802570/2021 and 1803717/2021
JUDGMENT
[1]The part of the response relating to unfair dismissal is struck out.[2]The claimant’s complaint of unfair dismissal is well founded and succeeds.[3]Remedy for unfair dismissal shall be determined at the hearing listed 1 to 4 February 2022.REASONS
The respondent was ordered to pay a deposit of £1000 following a preliminary hearing held on 31 August 2021. The order was sent to the respondent on 1 September 2021. The respondent has failed to pay this deposit. The respondent’s part of the response relating to unfair dismissal is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013. JM Wade Employment Judge JM Wade 8 October 2021 Case No: 1802570/2021 & 1803717/2021 EMPLOYMENT TRIBUNALS Claimant: Mr T McIntosh Respondent: P & G Elite Investments LTD Heard at: Leeds Employment Tribunal via Cloud Video Platform On: 1-4 February 2022 Before: Employment Judge Youngs Representation Claimant: In person Respondent: Mr P Sudera of the Respondent JUDGMENT[1]The Claimant’s claim for unfair dismissal succeeds.[2]The Claimant’s claim for wrongful dismissal succeeds.[3]The Claimant’s claim for unlawful deductions from wages succeeds in relation to deductions from pay for the period 10 February 2021 to 31 March 2021.[4]The Claimant’s claim for unlawful deductions from wages fails in respect of pay for the period 1 April 2021 to 19 April 2021.[5]The Respondent’s counter claim for breach of contract fails.[6]The Respondent is Ordered to pay the Claimant the following sums, to be paid by the Respondent: 6.1. Unfair dismissal: £923.10. 6.2. Wrongful dismissal: £1,538.46. This is a gross amount from which tax and national insurance must be deducted by the Respondent. 6.3. Unlawful deductions from wages: £2,276.92 gross, from which tax and employee’s national insurance must be deducted.[7]The Respondent was required to pay a deposit of £1,000 into court. As the Respondent has lost the unfair dismissal claim on substantially the same basis as set out in the deposit Order, the £1,000 paid by the Respondent pursuant to the deposit Orders made on 31 August 2021 is Ordered to be paid to the Claimant. Case No: 1802570/2021 & 1803717/2021[8]The Tribunal makes no further Order as to costs.