Miss A Turano and others v Hoysters Ltd: 2404538/2024 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 20 November 2024 is cancelled. Miss A Turano 2. 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 £1,705.00 (weekly gross pay £341.00 x 5 weeks’ statutory 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”.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,000.00 (80 hours accrued but untaken x £12.50 per hour).[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,705.00 (1 x 5 x £341.00).[5]Consequently, the respondent must pay the claimant the total gross sum of £4,410.00. Miss P Hitchen 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 £5,280.00 (weekly gross pay £528.00 x 10 weeks’ statutory 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”.[6]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,540.00 (140 hours x £11 per hour).[7]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £7,110.00.[8]Consequently, the respondent must pay the claimant the total gross sum of £13,930.00. Miss A Balmbra[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 £3,822.00. (weekly gross pay £546.00 x 7 weeks’ statutory 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”.[10]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,750.00 (140 hours x £12.50).[11]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £5,544.00.[12]Consequently, the respondent must pay the claimant the total gross sum of £11,116.00.