Mr B Smith v Ormskirk Metal Fabrication Ltd: 2405967/2022
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 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 £468.00. The claimant was entitled to 3 weeks’ notice but fully mitigated his loss in respect of 2 of those weeks so damages are limited to one week’s notice. The damages are awarded on a gross basis because it is likely that on receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay (1 week x £468).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,106.00 (1.5 weeks for every complete year of service when the claimant was aged over 40; 3 x 1.5 x £468.00 = £2,106.00).[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2,527.20 (£468.00 divided 5 = £93.60 per day x 27 days unpaid holiday).