Mr J Goulder v Bibby Energy Solutions Ltd: 2400953/2025
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22[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 22 of the Procedure Rules.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,692.46, this being 2 weeks’ wages @ £846.23 gross per week.[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 £846.23 (statutory notice of 1 week). 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 respondent has breached the claimant’s contract in respect of unpaid expenses incurred for business use (fuel and materials) and is ordered to pay damages to the claimant in the sum of £386.58, this being equivalent to the sum incurred by him. This sum is calculated as follows:(a) Expenses incurred £538.37(b) Minus payment on account of £151.79 made by the respondent on 10/12/2024(c) 538.37 - £151.79 = £386.58[5]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant £430.17 (24.4 hours x £17.63 per hour).[6]The respondent failed to give the claimant written itemised pay statements as required by the Employment Rights Act 1996 section 8. The shortfall in the claimant’s wages is accounted for at paragraph 2 above, and no further award is made.[7]Consequently, the respondent must pay the claimant the sum of £3,355.44 in total. Approved by: