Mr M S Dickinson v Hayes Transport Ltd (in voluntary liquidation): 2401508/2024
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 claimant was dismissed in breach of contract. He was not given notice or any payment in lieu of the notice period. The respondent is ordered to pay damages to the claimant in the gross sum of £6,867.60 (12 weeks’ statutory notice @ £572.30 per 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.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £12,876.75 (1.5 week’s pay for every complete year of service when the claimant was aged 41 or older: 1.5 x 15 full years x £572.30 = £12,876.75).[4]The respondent is ORDERED to now pay to the claimant the total amount of £19,744.35 (£6867.60 plus 12,876.75).[5]The claimant is responsible for paying tax liabilities arising out of the gross amount at paragraph 2 above if he receive the gross figure and tax has not been deducted at source.[6]The hearing on 4 October 2024 is cancelled.