Mr S McLaughlin v GE-AET: 2300410/2023
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 of: September 2022 – £517.00, October 2022 – £517.00 and the full month of November 2022 – £2217.00 and must pay the claimant £3251.00 net.[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 £2047.04 net. This is comprised of 4 weeks’ notice following 6 years of service with the respondent. A weekly net wage of £511.76 was used in this calculation.[4]The claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment of £5139.00 gross. This was calculated using the gross weekly wage of £646.15, the claimant’s age of 58, and 6 years of service with the respondent at the date of dismissal.[5]The respondent has failed to pay the claimant’s holiday entitlement of 7 days at £129.23 gross per day and must pay the claimant £904.61 gross. The claimant is entitled to 18 leave days per year, he had already used 11 days of his annual entitlement for the year in question.[6]The respondent must pay the claimant £11,341.65 in total.[7]The claimant is responsible for any figures owed to HMRC in respect of tax or national insurance contributions.