Miss J Hultum v Rutherford Vending Ltd: 1809858/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 20 June 2024. 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 21 of the Rules of Procedure.[1]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant in the gross amount of £2,384.48.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant in the gross amount of £2,745.60.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £6,406.40.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant the gross amount of £777.92.[5]The respondent breached an implied term of the claimant’s contract by deducting employees’ pension contributions from her wages for a period but not paying them into her pension. The respondent is ordered to pay the claimant the amount of £215.88.[6]The claimant was unfairly dismissed and the respondent is ordered to pay to her a compensatory award in the sum of £2,101.60. Note The claimant’s notice pay award must be deducted from the compensatory award for unfair dismissal to avoid double recovery. If a statutory redundancy payment is made, then no basic award entitlement for unfair dismissal can arise. The ACAS Code does not apply on a redundancy and therefore no uplift can be awarded. On a TUPE transfer, terms and conditions of employment continue to apply as when with the transferor company – there should be no compensation for a failure to provide fresh employment particulars. Any employer pension contributions fall within the jurisdiction of the Pensions Regulator. The hearing listed 8th January 2025 is therefore postponed.