Miss K Speakman v Urgent Care 365 Ltd (In Creditors Voluntary Liquidation): 2408767/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant's wages between 1 - 21 July 2023 and is ordered to pay the claimant the gross sum of £1,137.06 calculated as follows:a. Annual gross salary £45,000 divided by 52 weeks = £865.38 per week.b. 3 weeks’ gross pay @ £865.38 per week = £2,596.14c. Less gross sum of £1,459.08 received from the Insolvency Service on 14 November 2023.[3]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 £497.95 (one week’s statutory notice @ £865.38 gross per week less £367.43 gross received from the Insolvency Service on 14 November 2023). 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”. Furthermore, the respondent has failed to reimburse the claimant for mileage and expenses incurred by her during travel to the respondent’s London premises and is ordered to pay the sum of £589.65 as damages for breach of contract. This sum is not taxable.[4]The respondent has failed to pay the claimant’s accrued but untaken annual leave on termination of employment and is ordered to pay the claimant the gross sum of £424.99 (8.62 days @ £173.08 gross per day = £1,491.95 less the gross sum of £1,066.96 received from the Insolvency Service on 14 November 2024). The Tribunal will make no further award for any further days claimed by the claimant unless she , within 14 days, sends to the Tribunal details of her calculation , and why that utilised by the Insolvency Service is incorrect, and sends proofs of her claim for any additional amount.[5]Consequently, the respondent must pay the claimant the total gross sum of £2,649.65.[6]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.