Mr J Williams v Premier Display Systems Ltd: 2301092/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was unfairly dismissed by reason of redundancy and is entitled to a redundancy payment of £4680. No compensatory award is made as the dismissal would have taken place in any event due to the cessation of the respondent’s business.[2]The respondent has made an unauthorised deduction from the claimant's wages in respect of his November 2019 salary and is ordered to pay the claimant the gross sum of £1350[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £3115.50[4]The respondent failed to provide the claimant with itemised payslips pursuant to section 8 of the Employment Rights Act 1996REASONS
[1]By a claim form presented on 17 March 2020, the claimant brought claims for unfair dismissal; a statutory redundancy payment; unlawful deduction of wages; breach of contract and failure to provide itemised payslips against the respondent.[2]The respondent was required to reply to the claim by 27 April 2020 if it wished to defend it. An extension of time to respond was granted until 17 June 2021. No response was received by that date, or at all.[3]A Rule 21 Judgment was issued on 13 September 2021. However, the Tribunal has since become aware that the respondent company was dissolved on 22 June 2021.[4]The Rule 21 judgment is therefore invalid as it was made against a legal entity that no longer existed.