Mr J Ward v Bark & Birch Ltd: 2406465/2022
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 and is ordered to pay the claimant the gross sum of £7,230.72 (£903.84 x 8 weeks) for March and April 2022.[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 sum of £3615.36. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay. (£903.84 per week gross x 4 weeks).[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £3,434.59 (£903.84 per week divided by 5 days x 19 days accrued annual leave on termination).[5]The respondent was in breach of contract by failing to reimburse the claimant for expenses incurred in March and April 2022. Therefore, the respondent is ordered to pay the sum of £2,815.00.[6]The respondent was in breach of contract by deducting pension contributions from the claimant’s pay but not applying the pension contributions to the claimant’s pension. The respondent it therefore ordered to pay the claimant £1,490.55 for this breach.