Mr H Varsani v Seed Property Consultants Ltd: 2204913/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claimant was constructively dismissed with effect from 31 July 2019.[2]The respondent has made an unauthorised deduction from the claimant's wages for June and July 2019 and is ordered to pay the claimant the gross sum of £4500 (two months at £2250 per month).[3]The claimant was constructively dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1812 net (damages for loss of one month’s net pay, based on gross salary of £27,000 per year).[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2076.92. (Weekly pay being £519.23, and the multiplier being 4.)[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £675 gross. [Part year’s entitlement being 7/12 of 21 days = 12.25 days, rounded up to 12.5 days. Less 6 days used, leaves 6.5 days @ 1/260th of £27,000 per day.][6]The claim alleging breach of a loan agreement between the Claimant, on the one hand, and the company and/or its director on the other hand, is outside the jurisdiction of the employment tribunal. Nothing in this judgment affects the Claimant’s rights (if any) to seek to pursue this cause of action in another court or tribunal.