Miss F Saraci v Flavoil Ltd: 2305229/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 21 October 2021. The respondent presented a response on 8 December 2021. The response was dismissed on 27 September 2023 under rule 38 of the Rules of Procedure for failure to comply with an Unless Order made on 26 August 2022 and sent to the parties on 15 September 2022. 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 because the Employment Judge has seen the claimant’s schedule of loss, the claimant’s payslip for August 2021, an Excel spreadsheet detailing pension contributions for the claimant, an email from the respondent to the claimant dated 16 June 2020 confirming the claimant’s annual salary and notice period and emails between the claimant and the respondent in September 2021.[2]The complaint of unfair dismissal is well-founded. This means the claimant was unfairly dismissed by the respondent.[3]The claimant is awarded £10,126.65 in respect of her claim for unfair dismissal, consisting of: 3.1. A basic award of £1,008. 3.2. A compensatory award of £9,118.65 Case No: 2305229/2021[4]The respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken annual leave of one day on termination and the respondent shall pay the claimant the sum of £126.92 being the gross sum due.[5]The complaint of failure to pay statutory redundancy payment is well-founded.[6]The respondent was in breach of contract by dismissing the claimant without notice.