Mr R Sudworth v Elcarbec Ltd: 2403736/2024
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 £642.48.[3]The respondent has breached the contract of employment by failing to pay to the relevant pension scheme the contributions deducted from the claimant’s pay (February to April 2024) and he is awarded damages (calculated based on the sums deducted) of £150.00.[4]The respondent failed to pay the claimant’s accrued untaken annual leave entitlement and is ordered to pay the claimant the gross sum of £95.36.[5]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 £953.60 (2 weeks’ statutory notice x £476.80 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”.[6]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £953.60 (1 x 2 x £476.80).[7]Consequently, the respondent must pay the claimant the total gross sum of £2,795.04.