Mr R King and Ms Stuart-Yildirim v Florida Direct Ltd: 2400484/2024 and 2400486/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure. R King[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £10,506.11 which sum has been calculated as follows:a. unpaid basic wage August to October 2023 (£1,500 gross per month x 3 months = £4,500.00).b. unpaid commission August to October (£3,458.75 (Aug) + £2,010.30 (Sep) + £1,926.21 (Oct) = £7,395.26).c. less payment of £1,389.15 received on 10/10/2023[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 £1,500.00. This has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as “Post Employment Notice Pay”.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,929.00 (1.5 weeks’ pay for each full year worked (2 years) @ £643.00 per week = 1.5 x 2 x 643).[5]The Tribunal makes no award for holiday pay because the claimant has not quantified his claim.[6]Consequently, the respondent must pay the claimant the sum of £13,935.11 in total. S Stuart-Yildirim[7]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2,029.32 which sum has been calculated as follows:a. unpaid basic wage September to October 2023 (£1,500 gross per month x 2 months = £3,000.00).b. unpaid commission October 2023 (£410.77).c. less payment of £1,381.45 received in September 2023[8]The hearing listed on 1/11/2024 is cancelled.