Mr P Obal v M J Lodges Ltd: 2401522/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 THE TIME for presenting a response having expired and no valid response having been presented, it is the judgment of the Tribunal that:[1]The claimant was dismissed without notice, and is entitled to one week’s notice pay, as damages for breach of contract. His gross weekly pay was £630.00, £493.45 net. 1 x £493.45 £493.45 This is a net sum, and the respondent should account for tax and national insurance (if any) due upon it.[2]The claimant was unfairly dismissed for having asserted a statutory right. He had one complete year’s service , over the age of 41, and is entitled to a basic award of 1.5 week’s pay , capped at £508 : 1.5 x £508 £762.00 The claimant is entitled to a compensatory award. He was out of work for three weeks, two weeks after the notice period for which he has been awarded one week’s pay. 2 x £493.45 £986.90 The claimant then obtained alternative employment , at a reduced net weekly wage of £345.55, occasioning a partial loss of £147.90 per week net. 5.9 The claimant has sought loss of earnings for a further period of 26 weeks. That would include an element of future loss. The Tribunal has to take into account the vicissitudes of employment, and having regard to the facts that: The respondent company is not long established The claimant had only worked for it for 18 months The claimant had difficulty in obtaining payment of his wages as due There has been a proposal to strike off the company, which is overdue in filing its accounts at Companies House the Tribunal considers that it would be just and equitable to award the claimant a further period of 12 weeks’ partial loss of earnings: 12 weeks x £147.90 £1,774.80 The total compensatory award is thus: £2761.70 The recoupment regulations do not apply.[3]The respondent has made unauthorised deductions from the claimant's wages. His hourly rate was £14.00, and he has not been paid for 97.5 hours worked, between 22 October and 6 November 2018 , a total of £1,365.00, gross , £1,069.14 net which sum the respondent is ordered to pay the claimant, and to account to HMRC for the appropriate deductions for tax and national insurance.[4]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £907.95 in respect of 9.2 days untaken but accrued holiday (holiday pay) at the rate of £14.00 per hour, based on a 9 hour day. 9.2 x 9 x £14 = £1159.20 gross, net: £907.95 This is a net sum, and the respondent should account to HMRC for tax and national insurance (if any) due upon it.[5]Additional award pursuant to s.38 of the Employment Act 2002 for failure to provide written particulars of employment: The claimant is entitled to an additional award, the respondent not having complied with s.1 of the Employment Rights Act 1996 , and has sought the lesser amount of 2 weeks pay, which the Tribunal awards. His schedule of loss, however, has based this on his net 5.9 earnings, whereas , it is his gross earnings, capped at £508 per week which form the basis of the award. 2 x £508.00 £1,016.00 6 . The Hearing on 22 May 2019 is vacated .