J Kapusta v Think Education Ltd: 2204839/2021
JUDGMENT
[1]The respondent has failed to file an ET3 Grounds of Resistance in this case.[2]Having considered the ET1, EJ E Burns has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is as set out below.[3]The claimant was employed by the respondent between 19 April and 19 July 2021. His employment was terminated without notice on 19 July 2021. Under his contract he earned a salary of £40,000 per annum. This equates to £769.23 per week gross. The Claimant was also entitled to 21 days’ holiday plus bank holidays per annum. There was also an implied term that he was entitled to be reimbursed expenses.[4]The respondent failed to pay wages to the claimant for the period from 1 July 2021 to 19 July 2021 (3.6 weeks), notice pay for 1 week and holiday pay for 7 days (1.4 weeks). It also owes him £26.25 in expenses which has been evidenced with receipts.[5]The tribunal orders the respondent to pay the following gross payments claimant:• 2.6 weeks x £769.23 per week = £ 2,000.00• 1 week’s notice pay x £769.23 = £769.23 4.17 Rule 21 judgment – universal template Case No: 2204839/2021• 1.4 weeks holiday pay x £769.23 = £1,076.92 This comes to a total of £3,846.15 gross. The payments are subject to deductions for any tax and national insurance by the respondent.[6]In addition the tribunal orders the respondent to pay to the claimant £26.25 by way of reinburmsent of expenses. This payment is not subject to deductions by the respondent and should be paoid in full.