Mr J Travill v Leyland Park Ltd T/a Withy Arms Leyland (In Liquidation): 2404634/2019
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 13 February 2020 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge.[1]The complaint of unfair dismissal is well founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant a basic award of £2,481.00 and a compensatory award of £19,432.14.[2]The complaint of direct age discrimination contrary to section 13 Equality Act 2010 is dismissed upon withdrawal by the claimant.[3]The complaint in respect of a statutory redundancy payment under Part XI Employment Rights Act 1996 is dismissed upon withdrawal by the claimant.[4]The complaint of unauthorised deductions from pay under Part II Employment Rights Act is well founded. The respondent is ordered to pay the claimant the net sum of £346.32 unlawfully deducted from his pay. This is awarded as a net sum because the respondent has already forwarded deductions for tax and national insurance to the appropriate authorities.[5]The complaint of breach of contract in relation to notice pay succeeds. The respondent is ordered to pay the claimant the sum of £1,654.00 as damages for breach of contract. This is a net sum but is calculated by reference to gross pay to take account of the likelihood that the claimant will have to pay tax on this sum as “post employment notice pay”.[6]The complaint in respect of holiday pay is dismissed upon withdrawal by the claimant.[7]The respondent failed in its duty to provide the claimant with a written statement of the main terms of employment pursuant to section 1 Employment Rights Act 1996. The above awards are increased by the maximum award of four weeks’ pay in the sum of £1,654.00.[8]The recoupment regulations apply to this judgment. The prescribed period is between 5 February 2019 and 19 May 2020. The prescribed amount is £17,060.51. The total monetary award is £25,567.46. The amount by which the total monetary award exceeds the prescribed element is £8,507.25.[9]The total amount payable by the respondent to the claimant under this judgment is £25,567.46.