K Bradley v Tibard Laundry Services Ltd: 2403388/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time and a determination can properly be made on the claim without a hearing in accordance with rule 21 of the Employment Tribunal Rules of Procedure 2013.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £10,699.78 calculated as follows:a. Weekly pay = £1,783.30 per month x 12 divided by 52 = £411.53b. 18 years’ service @ 1.5 weeks’ pay for each full year worked age 41 or overc. £411.53 x 26 weeks = £10,699.78.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,975.44 (16 accrued but untaken days carried over from 2022 + 8 days from 2023 = 24 days x £82.31 per day).[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 £4,530.37 calculated as follows:a. Weekly gross pay £411.53 x 12 weeks’ statutory notice = £4,938.36b. Less 50% of universal credit payments made to the claimant and his partner during the notice period.c. The universal credit payments received were £282.34 (November 2023) and £533.63 (December 2023). Total sum received = £815.97 divided by 2 = £407.99d. £4,938.36 - £407.99 = £4530.37 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 total gross sum of £17,205.59.[6]The claimant should not attend the hearing listed on 20 December 2024.