Miss J Donald v Bryncae Legal Ltd: 2401479/2024
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 unauthorised deductions from the claimant's wages and is ordered to pay the claimant the gross sum of £9,441.82, calculated as follows:a. unpaid wages August 2023 to February 2024: 7 months @ £2,083.29 gross per month = £14,583.03.b. LESS payments received totalling £5,141.21 (£1,250.00 in August 2024; £250.00 in November 2024; £3,641.21 in December 2024).c. £14,583.03 - £5,141.21 = £9,441.82 (The claimant’s claim for her employee’s pension contributions is not accepted, as this would be double recovery, such sums being deducted by the respondent from the gross sums payable to the claimant, which the Tribunal is awarding)[3]The claimant was dismissed in breach of contract in respect of one month’s contractual notice and the respondent is ordered to pay damages to the claimant in the gross sum of £706.74 calculated as follows: £2,083.29 (one month’s gross pay) minus £1,376.55 received during the notice period (£1,015.05 in earnings + £361.50 in universal credit). 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 £384.60 (4 days x gross daily rate of £96.15).[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,884.56 (1 week’s pay for every complete year of service when the claimant was aged between 22 and 41 years: 1 x 6 x £480.76 = £2,884.56).[6]Consequently, the respondent must pay the claimant the total gross sum of £13,417.72.[7]The claimant will be responsible for paying tax liabilities arising out of the gross awards which should be paid as gross sums with no tax deducted at source.[8]The hearing on 2 August 2024 is cancelled.