Mr G Poulton and others v Brighouse Homes (Sandbach) Ltd: 2403686/2024 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 All Claimants[1]The respondent has failed to present a valid response on time and 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 hearing on 4 November 2024 is cancelled. Mr G Poulton[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 £9,613.80 (weekly gross pay £961.38 x 10 weeks’ statutory notice).[4]The respondent has breached the contract of employment by failing to pay to the relevant pension scheme the contributions deducted for the claimant and he is awarded damages (calculated based upon the sums deducted) in the gross sum of £2,369.90 (£182.30 x 13 months).[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £961.38 (5 days accrued but untaken).[6]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £9,645.00 (1.5 x 10 x £643).[7]Consequently, the respondent must pay the claimant the total gross sum of £22,590.08. Mr P Hodson[8]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the net sum of £727.23.[9]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 £4,334.61 (weekly gross pay £619.23 x 7 weeks’ statutory notice).[10]The respondent has breached the contract of employment by failing to pay to the relevant pension scheme the contributions deducted for the claimant and he is awarded damages (calculated based upon the sums deducted) in the gross sum of £540.85 (£108.17 x 5 months).[11]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,238.46 (2 weeks x £619.23 per week).[12]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £6,501.92 (1.5 x 7 x £619.23).[13]Consequently, the respondent must pay the claimant the total gross sum of £13,343.07. Mr P Fallows[14]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 £4,086.95 calculated as follows:a. weekly gross pay = £2,530 per month x 12 months = £30,360 divided by 52 weeks = £583.85 per week.b. Weekly gross pay £583.85 x 7 weeks’ statutory notice = £4,086.95.[15]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £583.85 (1 week @ £583.85).[16]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £6,130.43 (1.5 x 7 x £583.85).[17]Consequently, the respondent must pay the claimant the total gross sum of £10,801.23.