Mrs G Knight v Lunar Automotive Ltd: 2401696/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 60 Upon the basis of admissions in the response, judgment is as follows:[1]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £9,584.45.[2]The respondent has made an unauthorised deduction from the claimant's wages by failing to pay the claimant in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £1,671.13.[3]The respondent has made an unauthorised deduction from the claimant's wages by not paying wages to the claimant in the period 1 September 2020 to 10 November 2020 inclusive. Remedy will be the subject of a separate judgment to be issued on the papers or at a final hearing, as necessary.[4]The respondent was in breach of contract by not paying the claimant during her notice period. Remedy will be the subject of a separate judgment to be issued on the papers or at a final hearing, as necessary.[5]The complaint in relation to deduction of employee’s pension contributions will be the subject of a separate judgment.[1]The respondent is ordered to pay to the claimant the sum of £3932.10 in respect of the unauthorised deduction from the claimant's wages made by not paying wages to the claimant in the period 1 September 2020 to 10 November 2020 inclusive.[2]The respondent is ordered to pay to the claimant damages of £5898.12 for breach of contract by not paying the claimant during her notice period. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount.[3]The complaint in relation to deduction of employee’s pension contributions is dismissed on withdrawal.