Mr D Lee and Mr G Bolton v Reeds Garage Ltd: 2406750/2024 and 2406751/2024
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 hearing listed for 28 and 29 October 2025 is cancelled. Mr D Lee[3]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £640.23.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £896.32.[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £11,524.14 (18 years x 1 x £640.23).[6]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed. No basic award is made because it has been extinguished by the redundancy payment.[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 £2,560.92 (gross weekly pay of £640.23 x 4 weeks). 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]Consequently, the respondent must pay the claimant the total gross sum of £15,621.61. Mr G Bolton[9]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £518.83.[10]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £2,594.15.[11]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £5,707.13 (14 years x 1 x £518.83).[12]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed. No basic award is made because it has been extinguished by the redundancy payment.[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 £2,075.32 (gross weekly pay of £518.83 x 4 weeks). 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]Consequently, the respondent must pay the claimant the total gross sum of £10,895.43.