Mr D Ward v Multitrade Management Ltd: 2301758/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]No response having been entered by the respondent, the claims of unfair dismissal, unpaid wages and breach of contract succeed. The claimant is also entitled to a statutory redundancy payment.[2]The remedy to which the claimant is entitled will be determined at the Hearing already listed on 5 March 2021. The respondent shall be permitted to participate in that Hearing only at the discretion of the Judge.[3]The claimant shall send to the Tribunal (2 copies) and the respondent (1 copy) no later than 26 February 2021 an updated statement setting out the remedy he seeks including a calculation of any sums he claims and details of efforts he has made to mitigate any loss. He shall also send copies of any supporting documents. _____________________________ Employment Judge Andrews Date: 2 February 2021 Case No 2301758/2020 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr D Ward Respondent: Multitrade Management Limited Heard at: London South Employment Tribunal On: 14 June 2021 Before: Employment Judge Mclaren Representation Claimant: In person Respondent: Not present[1]The claims for unfair dismissal, wrongful dismissal and unlawful deductions from wages succeed.[2]The reason for dismissal was redundancy, but the dismissal was procedurally unfair. Nonetheless, the claimant would have been dismissed for redundancy had a fair procedure been followed which I have concluded would have taken eight weeks.[3]The respondent is therefore ordered to pay the claimant the following sums: – i. £1, 800 being three weeks gross unpaid wages from the 6th to 20 March 2020; ii. £2, 400 being four weeks ’gross pay in lieu of notice; iii. £1,575 redundancy pay (calculated as three times £525, the claimant being 27 at the date of termination and having had three complete years of service); iv. £4, 800 as a compensatory award of eight weeks pay.[4]For recoupment purposes ;( a) total monetary award £9,155; (b) prescribed element £4,88; (c) period of prescribed element 20.4.2020- 19.6.2020 (d) The excess of the monetary award over the prescribed element is £ 5,749.