Miss A Patel v So Eco Ltd: 2401585/2024
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 £4,865.42 calculated as follows: - 19 days @ £211.54 per day for work done in January 2024 = £4,019.26 - 4 days’ pay incorrectly deducted as unpaid leave @ £211.54 per day = £846.16[3]The tribunal has made no award for financial loss attributable to the matters complained of (late payment charges on credit card, car finance contract and mobile phone contract) because the claimant did not provide the evidence to support this part of her claim, as directed.[4]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 £4,583.36, representing one month’s contractual notice pay (£211.54 per day x 5 days x 52 weeks = £55,000.40 per annum divided by 12 months = £4583.36 per month). 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”.[5]Consequently, the respondent must pay the claimant the sum of £9,448.78 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 22/10/2024 is cancelled.