Mr N A Mayers v Elcarbec Ltd: 2403617/2024
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 on the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £414.48, calculated as follows:(a) unpaid wages of £288.00 (21-23 April 2024 incl x £96.00 per day).(b) Unpaid employee contributions to the pension scheme of £126.48 (February to April 2024 incl; £42.16 x 3)[3]The respondent failed to pay the claimant’s accrued untaken annual leave entitlement and is ordered to pay the claimant the gross sum of £672.00 (£96.00 per day x 7 days).[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 £1,446.00 (3 weeks’ statutory notice x £482.00 per week). 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]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,169.00 (1.5 weeks’ pay for each full year worked (3 years) @ £482.00 per week = 1.5 x 3 x £482).[6]Consequently, the respondent must pay the claimant the total gross sum of £4,701.48