Mrs M Hodgson v The Rising Sun (Mossley) Ltd: 2408592/2020 and 2408753/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 In the absence of any response form from the respondent defending the claim, the judgment of the Tribunal is as follows:[1]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 £236.46. This is a net sum but is based on the claimant’s gross pay because it is likely that the claimant will have to pay tax on this amount as Post Employment Notice Pay.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £295.56.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £551.71.[4]The complaint of unlawful deductions from pay in relation to earnings lost by reason of the claimant not being furloughed after dismissal is dismissed. The Tribunal has no jurisdiction to award compensation for a failure to place an employee on the furlough scheme.[5]The complaint about a failure to deal with tax and national insurance deductions properly is one over which the Tribunal has no jurisdiction. Such matters should be raised with HMRC.[6]The respondent failed in its duty to provide the claimant with a written statement of the main terms of employment and is ordered to pay the claimant four weeks’ pay in the sum of £315.28.