Miss A Bolcs v Party Superstores Ltd (in voluntary liquidation): 2307322/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 29 October 2020. The respondent has failed to present a valid response on time. 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.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1618.75 gross. This is comprised of 5 weeks notice following 5 years of service with the respondent. A weekly gross wage of £323.75 was used in this calculation.[3]The claimant was dismissed by reason of redundancy and is entitled to a payment of £350. This was calculated using the above weekly wage, the claimants age of 36 and 5 years of service with the respondent which totals £1618.75 less the £1268.75 already paid to the claimant.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £129.50. This claimant is entitled to 24 leave days per year, she had already used all of entitlement for the year in question but had an additional two days that she carried over from a previous year. The claimant stated she normally worked 37 hours per week, 2 days equating to 14.8 hours. 14.8 was multiplied by her hourly rate of £8.75 to find the above figure.[5]The respondent must pay the claimant £2098.25 in total.[6]The claimants claim regarding the protective award payment is not suitable for a rule 21 judgement.