Miss L McDonnell v Ashwood Archive Ltd: 2403503/2024
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 has made an unauthorised deduction from the claimant's wages in March and April 2024 and is ordered to pay the claimant the gross sum of £3,256 (representing 10 weeks’ gross pay of £500 per week less payments made to the claimant to date of £1744)[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 gross sum of £500. 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”.[4]No award is made for holiday pay in the absence of any information provided by the claimant about the amounts claimed.[5]Consequently, the respondent must pay the claimant the total gross sum of £3,756[6]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.[7]The hearing on 16 September 2024 is cancelled.