Mr O Millon Desvignes and Others v Lionshare Group Ltd: 2202148/2025 and Others
JUDGMENT
The claims of the three claimants were joined in a multiple as per the annexed multiple schedule. The Respondent did not submit a Response in time and did not make any application for an extension of time to submit the Response. As a consequence, Employment Tribunal Rule 22 applies, and: In respect of the First Claimant:[1]The complaint of failure to pay a redundancy payment is well-founded. The respondent shall pay the claimant £1,682.89 statutory redundancy payment.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wagesa. in the period from March 2022 to December 2024 in respect of a failure to pay the Claimant’s salary at the contractual rate of £35,000 p/a. The respondent shall pay the claimant £2,083.33, which is the gross sum deducted.b. In the period 25 December 2024 to 6 January 2025 in respect of a failure to pay the Claimant any wages. The respondent shall pay the claimant £1,150.68, which is the gross sum deducted. These figures have been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as earnings[3]The complaint in respect of holiday pay is dismissed on withdrawal.[4]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £2,916.67 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[5]The complaint of breach of contract in relation to reimbursement of expenses is well-founded. The respondent shall pay the claimant £1,085.15 as damages for breach of contract. This figure is the net sum due to the claimant.[6]The total sum that the Respondent must pay to the Claimant is therefore £8,918.72 and the Claimant is responsible for the payment of any tax or National Insurance due. In respect of the Second Claimant:[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 January 2025 to 6 January 2025 in respect of a failure to pay the Claimant any wages. The respondent shall pay the claimant £475 which is the gross sum deducted. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as earnings.[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £1,576.62 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[3]The total sum that the Respondent must pay to the Claimant is therefore £2,051.82 and the Claimant is responsible for the payment of any tax or National Insurance due. In respect of the Third Claimant:[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 January 2025 to 6 January 2025 in respect of a failure to pay the Claimant any wages. The respondent shall pay the claimant £475 which is the gross sum deducted. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as earnings.[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £1,576.62 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[3]The total sum that the Respondent must pay to the Claimant is therefore £2,051.82 and the Claimant is responsible for the payment of any tax or National Insurance due. Approved by: