Mr B King v Auxilium Developments Ltd: 2407230/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £3,375.[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 £675 (statutory notice entitlement of one week). 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”.[3]The respondent has failed to pay the claimant’s accrued annual leave entitlement of 13 days and is ordered to pay the claimant the gross sum of £1,620.REASONS
[1]The claim for a redundancy payment is struck out because the claimant has insufficient service with the respondent to bring such a claim, so the Tribunal does not have jurisdiction to hear it.[2]By a letter dated 14 September 2023, the Tribunal gave the claimant an opportunity to make representations or to request a hearing as to why the complaint of unpaid redundancy pay should not be struck out.[3]The claimant has failed to make representations in writing why this should not be done or to request a hearing. Accordingly, the claim for a redundancy payment is struck out.