L Johnstone v Alan Stuart Engineering Ltd: 2403425/2022
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 claim in accordance with rule 21 of the Rules of Procedure.[2]The respondent is ordered to pay the gross sum of £696.00 for failure to provide a written statement of employment particulars (this equates to two weeks’ salary; 2 x £348.00; £348.00 being the average weekly salary).[3]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 £4,176.00 (Statutory notice of 12 weeks at £348 per week).[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £6,612 (1 week for every complete year of service when the claimant was aged between 22 – 40: 18 x 1 x £348.00 = £6,264.00; ½ week for every complete year of service when the claimant was aged below 22: 0.5 x 2 x £348:00 = 348.00).[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £696.00 (£348.00 divided 5 = £69.50 x 10 days).[6]The figures above have been calculated using gross pay figures. The respondent may account for any tax and other statutory deductions where necessary, before paying the claimant the outstanding balance. If the respondent does not account for any such deductions, then the claimant will be responsible for satisfying any such outstanding liabilities.[7]The hearing listed on 4th October 2022 is cancelled.