A McCarthy and Others v Langton Law Ltd: 2407427/2024 and Others
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22 Background[1]The respondent has failed to present a valid response on time to each of the claims set out in the attached Schedule and a determination can properly be made of each of those claims without a hearing in accordance with rule 22 of the Employment Tribunal Procedure Rules 2024.[2]None of the claimants in this judgment should attend the hearing listed on 7 April 2025. A McCarthy[3]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,209.00 (1-22 August 2024: 3 weeks x £403.00).[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £886.60.[5]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 £1,750.00. 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”.[6]No award for redundancy pay has been made because, according to the claim form, the claimant does not have the necessary qualifying service of two years. The claimant was given the opportunity to make representations in writing or to request a hearing as to why that head of claim could proceed but has failed to persuade the tribunal that he had the necessary qualifying service.[7]Consequently, the respondent must pay the claimant the total gross sum of £3,845.60. E Owens[8]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,903.86 (unpaid wages 1-22 August 2024 = 3 weeks x £634.62 per week).[9]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 £634.62 (1 week’s pay. Thereafter, the claimant started a new job on higher pay, which extinguishes his claim for further notice pay). 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”.[10]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £634.62.[11]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,586.55.[12]Consequently, the respondent must pay the claimant the total gross sum of £4,759.65. S Pinnington[13]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,556.85 (unpaid wages 1-21 August 2024 = 3 weeks x £518.95 per week).[14]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 £1,297.38 (2.5 week’s pay). Thereafter, the claimant started a new job on higher pay, which extinguishes his claim for further notice pay. 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”.[15]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,349.27 (13 days x £103.79 per day).[16]No award for redundancy pay has been made because, according to the claim form, the claimant does not have the necessary qualifying service of two years. The claimant was given the opportunity to make representations in writing or to request a hearing as to why that head of claim could proceed but has failed to persuade the tribunal that he had the necessary qualifying service.[17]Consequently, the respondent must pay the claimant the total gross sum of £4,203.50.[18]No awards have yet been made to the following claimants:a. N Jonesb. J Williamsonc. D Seniord. O Brennan