R Nicholl v Henderson Claims Ltd: 2401088/2025
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 £10,434.56 calculated as follows:a. Gross pay due July to November 2024 inclusive = £12,684.56b. Minus payments on account by the respondent in July, August and September 2024 = £2,250.00c. Balance due = £12,684.56 – £2,250.00 = £10,434.56.[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 £1,744.20. 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 postage charges (stamps for business use) and is ordered to pay damages to the claimant in the sum of £5.40, this being equivalent to the sum incurred by him.[5]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant £1,392.00.[6]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,730.76 (1 x £576.92 x 3 weeks).[7]Consequently, the respondent must pay the claimant the sum of £15,306.92 in total. Approved by: