Mr M Curtis v Bioenergy Technology Ltd: 2300683/2018
JUDGMENT
The claim made by the Claimant of unfair dismissal in these proceedings is dismissed under rule 52 of the Employment Tribunals Rules of Procedure 2013 following a withdrawal of the claim by the Claimant. No response having been presented in form ET3 to the office of the Employment Tribunal by the Respondent within the time limit prescribed by rule 16 of the Employment Tribunal Rules of Procedure 2013 it is adjudged in accordance with rule 21 of the 2013 Rules as follows: The Tribunal declares in accordance with section 24 of the Employment Rights Act 1996 that the complaint by the Claimant under section 23 of such Act that there has been an unlawful deduction from the wages properly payable is well founded and the Tribunal orders the Respondent to pay to the Claimant the sum of £2,336.91; The Claimant having brought a claim to the Tribunal under article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 the Tribunal finds that the Respondent was in breach of contract in not giving the Claimant notice of the termination of the employment and orders the Respondent to pay to the Claimant the sum of £4,793.40; The Tribunal declares in accordance with regulation 30 of The Working Time Regulations 1998 that the complaint of the Claimant that the Respondent has failed to pay holiday pay due to the Claimant on the termination of the employment under regulation 14(2) of such Regulations is well founded and orders the Respondent to pay to the Claimant the sum of £1,597.80; The question of the Claimant’s right to a redundancy payment having been referred to the Tribunal in accordance with section 163 Employment Rights Act 1996 the Tribunal finds that the Claimant is entitled to a redundancy payment amounting to £9,586.80 and the Tribunal orders the Respondent to pay such sum to the Claimant.