Mr S Khanna v Home Office Border Force: 2305405/2019
JUDGMENT
No response having been entered by the respondent the claims succeed as follows: The claimant was unfairly dismissed.[2]The claimant was dismissed in breach of contract in respect of notice.[3]The respondent has made an unauthorised deduction from the claimant's wages.[4]The respondent has failed to pay the claimant’s holiday entitlement. The remedy to which the claimant is entitled will be determined at a Remedy Hearing, on a date to be notified to the parties in due course. Employment Judge Andrews Date: 21 October 2020 Corrected Date : 9 November 2020 Case No: 2305405/2019 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr Sandeep Khanna Respondent: Home Office Border Force Heard at: London South Employment Tribunal On: 1 February 2021 Before: Employment Judge Keogh Representation Claimant: Ms Susan Chan (Counsel) Respondent: Not present or represented[1]The Claimant’s claim for unlawful deductions from wages is dismissed upon withdrawal[2]The Respondent shall reinstate the Claimant into his role as an Immigration Officer by 15 February 2021[3]The Respondent shall restore any pension rights and contributions and continuity of service which would have been applicable had the Claimant not been dismissed[4]The Respondent shall restore accrued annual leave of 66.72 days to 15 February 2021[5]The Respondent shall pay arrears of pay to 15 February 2021 in the gross sum of £16,704.15, subject to deductions for tax and national insurance[6]Payment of the arrears of pay to the date of the hearing (the prescribed element) in the sum of £15,979.83 shall be stayed until the Secretary of State has served on the Respondent a recoupment notice in respect of Income Support received by the Claimant or has notified the Respondent that it does not intend to serve such notice Case No: 2305405/2019 10.2 Judgment - rule 61 February 2018[7]Payment of the remaining sum of £724.32 shall be paid by 15 February 2021