Mr S Roberts v GE-AET: 2300409/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 24 January 2023. 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.[2]The respondent has made unauthorised deductions from the claimant’s wages for the months from July 2022 to October 2022 (4 months) and must pay the claimant £3000.00 gross.[3]The claimant was dismissed in breach of contract in respect of his entitlement to statutory notice and the respondent must pay damages to the claimant of £2350.00 gross. This is comprised of 4.33 weeks’ notice following 7 years of service with the respondent. A weekly gross wage of £542.31 was used in this calculation.[4]The claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment of £5694.26 gross. This was calculated using the above weekly wage, the claimant’s age of 51, and 7 years of service with the respondent at the date of dismissal.[5]The respondent has failed to pay the claimant’s holiday entitlement of 16 days at £77.26 per day and must pay the claimant £1236.16 gross. The claimant is entitled to 20 leave days per year, he had already used 4 days of his annual entitlement for the year in question.[6]The respondent must pay the claimant £12,280.42 in total.[7]The claimant is responsible for any figures owed to HMRC in respect of tax or national insurance contributions.