Mr A Hinchliffe and Miss L Hinchliffe v Desmond L Bannon & Sons Ltd: 2404816/2024 and 2404828/2024
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22 Both 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 22 of the Procedure Rules.[2]The title is amended to Desmond L Bannon & Sons Ltd to reflect the correct legal name of the respondent.[3]The hearing listed for 15 and 16 May 2025 is cancelled. Mr A Hinchcliffe[4]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed.[5]The respondent shall pay the claimant the following sums in relation to the claim for unfair dismissal:a. A basic award of £1,920.00b. A compensatory award of £9,156.00[6]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,653.00.[7]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 £1,024.00 (weekly gross pay £256.00 x 4 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”.[8]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £638.40.[9]Consequently, the respondent must pay the claimant the total gross sum of £14,391.40. Miss L Hinchcliffe[10]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed.[11]The respondent shall pay the claimant the following sums in relation to the claim for unfair dismissal:a. A basic award of £1,852.00b. A compensatory award of £4,805.20[12]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £4,001.90.[13]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 £1,389.00 (weekly gross pay £463.00 x 3 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”.[14]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £270.10.[15]Consequently, the respondent must pay the claimant the total gross sum of £12,318.20.