Ms J Nicholson v Mr D Wilson: 2301919/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 As the time limit for presenting a response has expired and no response has been presented, a Judgment has been issued in the claimant’s favour. A remedy hearing will be listed, the respondent will be notified of the hearing, but shall only be able to participate to the extent permitted by the judge. _____________________________ Employment Judge Wright Date: 28 January 2020 Case No: 2301919/2019 EMPLOYMENT TRIBUNALS SITTING AT: CROYDON (IN CHAMBERS) BEFORE: EMPLOYMENT JUDGE MORTON BETWEEN: Ms J Nicholson Claimant AND Mr D Wilson Respondent ON: 26 March 2020 Appearances: For the Claimant: In person For the Respondent: No appearance REMEDY JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claimant was born on 12 May 1969. She was employed from 10 September 2008 to 31 May 2019, a period of more than 10 years. For the purpose of her statutory rights she had 10 complete years’ service. Her gross weekly pay was £412.50 and her net weekly pay was £343.50.[2]The Respondent not having responded to the claim, the Claimant succeeds in her claims for:a. Breach of contract (pay for the statutory 10 week notice period);b. Unlawful deduction from wages (underpaid wages, statutory sick pay and holiday pay); and Case No: 2301919/2019c. A redundancy payment based on her age (50 at the effective date of termination), length of service (10 years) and gross weekly pay (£412.50). She is entitled to a week’s pay in respect of the year of her employment in which she was below the age of 41 and a week and half’s pay for the remaining nine years of her employment.[3]The Claimant is therefore entitled to the following sums in compensation:a. £3435 in respect of 10 weeks’ notice;b. £483.05 in respect of unpaid wages;c. £377 in respect of unpaid statutory sick pay;d. £319 in respect of accrued but untaken holiday;e. A statutory redundancy payment of £5981.[4]The total payable to the Claimant by the Respondent is therefore £10,595.05 .