Mr M Boardman v Vzones Ltd and others: 2401010/2024
JUDGMENT
[1]The claims against the first, second, third, fourth, fifth and sixth respondents are dismissed.[2]The claim for unlawful deduction from wages in accordance with section 13 of the Employment Rights Act 1996 is successful. The seventh respondent is ordered to pay the claimant £1615.10 gross.[3]The claim for holiday pay in accordance with regulation 14 of the Working Time Regulations 1998 is successful. The seventh respondent is ordered to pay the claimant £72.94 gross.[4]The claim for notice pay in accordance with section 86 of the Employment Rights Act 1996 is successful. The seventh respondent is ordered to pay the claimant £807.55 gross.[5]The claim for redundancy pay in accordance with the right conveyed by section 135 of the Employment Rights Act 1996 is successful. The seventh respondent is ordered to pay the claimant £807.55.[6]The claim for a failure to provide written particulars of employment in accordance with section 38 of the Employment Act 2022 is successful. The seventh respondent is ordered to pay the claimant £1615.10.[7]The claim for unfair dismissal is unsuccessful and consequently the claim for loss of statutory rights is unsuccessful. The claimant was made redundant as a result of the closure of the seventh respondent’s business. Redundancy is a fair reason for dismissal and the claimant has been awarded a redundancy payment. The loss of statutory rights award can only be made as part of the compensatory award if the Tribunal has determined that the claimant has been unfairly dismissed.