Mr L S Phythian v Alan Stuart Engineering Ltd: 2402581/2022
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 claims, 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 gross sum of £4,181.52 (Statutory notice of 12 weeks at £348.46 per week). This is a gross sum, and the respondent must deduct and account to HMRC for the appropriate tax and national insurance contributions due upon it.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £6,272.28 (18 x £348.46; 1 week for every complete year of service when the claimant was aged between 22 – 40).[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £975.80 (£69.70 X 14 days; 348.46 divided by 5 days = £69.70, whereby £69.70 is the daily rate). This is a gross sum, and the respondent must deduct and account to HMRC for the appropriate tax and national insurance contributions due upon it.[5]The hearing listed on 26 August 2022 is cancelled.