Mr M Nye v Tidysite Ltd: 2406737/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is: -[1]The claimant’s complaints were presented within time and the Tribunal has jurisdiction to hear the claims.[2]The respondent has failed to file a response to the claims. The claimant’s claims for unfair dismissal, notice pay and holiday pay succeed.[3]Remedy will be decided in a separate Judgment, once further information is received. Employment Judge Ross 20 February 2023[1]The name of the respondent is amended to the correct legal name, Tidysite Building and Construction service Limited.[2]I award the claimant:(a) A basic award in the sum of £3,392.23 (seven years’ service at £323.07 gross x 1.5) as the claimant was over 41 years during his employment with the respondent.(b) A compensatory award of ten weeks’ pay (equivalent to sick pay entitlement) of £99.35 x 10 = £999.35. Unpaid Wages[3]I award the claimant unpaid wages (sick pay) from 1 May to 9 June 2022 of £99.35 x 5 = £496.75 Holiday Pay[4]I award the claimant the sum of £103.85 (the claimant was entitled to five days’ holiday at gross daily rate of pay of £64.61 = £323.05 less £219.20 received from the respondent.) Case No. 2406737/2022 2 Notice Pay[5]I award the claimant seven weeks’ notice pay at the equivalent rate to statutory sick pay entitlement of £99.35 x 7 = £695.45. Total Award[6]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £5,687.63.