Mr R Sandiford v Take A Sip Ltd: 2401321/2024
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.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2,333.00 (non-payment of wages for work done in December 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 £538.00 (statutory notice pay 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 failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £1,076.00 (10 days = 2 weeks @ £538.00 per week).[5]Consequently, the respondent must pay the claimant the sum of £3,947.00 in total.[6]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.[7]The hearing listed on 5/09/2024 is cancelled.