L Cleworth v The Foster Partnership Ltd: 2305228/2019

EMPLOYMENT TRIBUNALS
Case No 2305228/2019
Liam CleworthClaimantThe Foster Partnership LtdRespondent
Employment Judge MartinDate 22 April 2020

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Respondent has not presented a response within the stipulated time and judgment is given in default.[2]The Claimant was unfairly dismissed by reason of redundancy and is entitled to a redundancy payment in the sum of £4,1153.00[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 £823.05[4]Respondent failed to comply with collective redundancy procedures and the Claimant is entitled to a protective award. Respondent shall pay the Claimant £4,938.30 (90 days’ pay)[5]The Respondent shall pay the Claimant £548.70 loss of statutory rights (two weeks pay)[6]The Respondent made unauthorised deductions from wages and shall pay to the Claimant £932.79[7]The Claimant is entitled to unpaid holiday accrued at the effective date of termination and the Respondent shall pay to the Claimant £384.09[8]The total award to be paid by the Respondent to the Claimant is £7,489.76[1]The Respondent has not presented a response within the stipulated time and judgment is given in default.[2]The Tribunal gave judgment on 22 April 202 based on a schedule provided by the Claimant’s solicitor. The Claimant has written to the Tribunal asking for a reconsideration of this judgment as the amounts he says are incorrect.[3]The Claimant has given detailed calculations which are accepted by the Tribunal. This judgment gives the amended figures.[4]The Claimant was unfairly dismissed by reason of redundancy and is entitled to a redundancy payment in the sum of £423.30 ( as a redundancy payment has been made no basic award is given).[5]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 £1,411.00[6]Respondent failed to comply with collective redundancy procedures and the Claimant is entitled to a protective award. Respondent shall pay the Claimant £5,097.60 (90 days’ pay) The protective award starts on 17/10/2019[8]The Respondent shall pay the Claimant £564.40 loss of statutory rights (two weeks’ pay)[9]The Respondent made unauthorised deductions from wages and shall pay to the Claimant £959.48[10]The Claimant is entitled to unpaid holiday accrued at the effective date of termination and the Respondent shall pay to the Claimant £417.65[11]The total award to be paid by the Respondent to the Claimant is £8,873.43 Case No: 2305228/2019 CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment on Reconsideration sent to the parties on 24 June 2020 is corrected as set out in block type at paragraph 7.