Mr N Blackford v Lined Out Ltd: 2302177/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed on 12 November 2021 is converted to a Remedy Hearing Employment Judge Abbott Date: 08 June 2021 Case Number: 2302177/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr N Blackford Respondent: Lined Out Ltd Held at: London South, by CVP On: 12 November 2021 Before: Employment Judge Barker Representation: Claimant: Respondent: In person No attendance REMEDY JUDGMENT The respondent is to pay to the claimant £13,536 forthwith, comprised of the following sums:a. The claimant is to be paid outstanding holiday pay of £224 gross, having accrued untaken annual leave entitlement of 2 days prior to dismissal;b. The claimant received no wages payments for the second half of February 2020 and none for March 2020. He is therefore entitled to recover these wages, which are £3360.00 gross;c. The respondent failed to make payments into the claimant’s workplace pension for eleven months from May 2019 until March 2020, for both employer and employee contributions. The claimant is entitled to recover these contributions in the sum of £1832;d. The claimant is to be paid a redundancy payment based on the statutory maximum of a week’s pay of £525 at the date of dismissal of 24 March 2020 (incorrectly stated in the hearing to be £538 statutory maximum), 7 years’ service and age at dismissal of 43, which equals Case Number: 2302177/2020 2 £4200,e. The claimant was dismissed without being paid notice monies. He is entitled to the statutory notice payment of £3920 gross, calculated on the basis of gross weekly pay of £560 and seven years’ service.f. Although the claimant succeeded in his claim of unfair dismissal, he is not able to recover compensation for loss of wages from the respondent, as the evidence before the Tribunal was that there was a complete shutdown of the business with all employees dismissed on 23 March 2020. He would therefore have been dismissed in any event. The Recoupment Regulations do not apply to this judgment and award of compensation.