Mr D Jones v Norens Ltd T/a Homecrest: 2402512/2023
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 of the claim, in accordance with Rule 21 of the Rules of Procedure.[2]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 £6,646.08. 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 £10,522.96. (1 week’s pay for every complete year of service when the claimant was aged between 22 and 41; 1 x 19 x £553.84 = £10,522.96).[4]The respondent has failed to pay the claimant’s accrued untaken annual leave entitlement of 12 days and is ordered to pay the claimant the gross sum of £946.84 (gross yearly pay £28,800 divided by 365 days x 12 days).