Mr D S Burgos v Convivia Construction Ltd: 2301301/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 14 January 2024. 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 and must pay the claimant £9,317.70 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £5,833.33 gross.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,929.00. This is calculated as follows: the claimant was 37 years old when he was made redundant and had worked for the respondent for 3 years at the time of his dismissal. He is therefore entitled to £1,929.00.[5]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £460.38.[6]The respondent must pay the claimant £17,540,41 gross in total.[7]The hearing listed on 18 July 2024 is cancelled.[8]The claimant must account to HMRC for any sums he owes it in respect of the sum received from the respondent.