Mr S Lebeter and Mr R Mix v Acorn Lighting Services Ltd: 1810486/2018 and 1810487/2018
JUDGMENT
Issued pursuant to Rule 21 Employment Tribunals Rules of Procedure 2013 Mr Lebeter[1]The amount of the redundancy payment to which Mr Lebeter is entitled is £13,716 (£508 x 27; age at EDT 57, 19 continuous years’ service).[2]In respect of the claim for damages for breach of contract (notice pay), the Respondent shall pay Mr Lebeter £5880 net (12 weeks’ notice, average net weekly pay £490).[3]In respect of the claim for pay in lieu of holiday accrued but untaken on termination of his employment the Respondent shall pay Mr Lebeter £196 net (holiday year commencing 1/4/18, 2.5 days taken).[4]In respect of the claim for unauthorised deduction from wages, the Respondent shall pay Mr Lebeter £2,402.20 net in respect of a series of underpayments of holiday pay going back not more than two years and with no gap of three months or more between payments. Mr Mix[5]For the avoidance of doubt Mr Mix does not bring any claim for a protective award.[6]The amount of the redundancy payment to which Mr Mix is entitled is £3,318.64 (Average gross weekly pay £414.83 x 8; age at EDT 29, 9 continuous years’ service). Case Number: 1810486/2018 1810487/2018[7]In respect of the claim for damages for breach of contract (notice pay), the Respondent shall pay Mr Mix £3036.06 net (9 weeks’ notice, average net weekly pay £337.34).[8]Mr Mix did not have holiday accrued but untaken on termination of his employment so no sum is payable.[9]In respect of the claim for unauthorised deduction from wages, the Respondent shall pay Mr Mix £444.18 net in respect of a series of underpayments of holiday pay going back not more than two years and with no gap of three months or more between payments.