Mr D Marsh v SLG DB 3 Ltd: 2403924/2022
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 has made an unauthorised deduction from the claimant's wages between March and November 2020 and is ordered to pay the claimant the gross sum of £18,083.81[3]The claimant was dismissed in breach of contract in respect of notice and the claimant was deprived of his notice pay in the gross sum of £47,499.92 (26 weeks’ contractual notice). 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”. However, applying the statutory cap which applies to contract claims brought in the Tribunal, the respondent is ordered to pay the sum of £25,000 in respect of this complaint.[4]The respondent has failed to pay the claimant’s accrued untaken annual leave entitlement of 25 days (22 days rolled over from previous years and 3 days accrued in January 2022) and is ordered to pay the claimant the gross sum of £9,134.60 (gross weekly pay of £1826.92 x 5 weeks).[5]Consequently, the respondent must pay the claimant the total gross sum of £52,218.41[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.