Mr R Orzechowski v Urgent Care 365 Ltd (In Creditors Voluntary Liquidation): 2409177/2023
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 an unauthorised deduction from the claimant's wages between 1 - 21 July 2023 and is ordered to pay the claimant the gross sum of £2,884.46 (3 weeks’ gross pay @ £961.50 per week).[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 £961.50 (one week’s statutory notice @ £961.50 per 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”.[4]Consequently, the respondent must pay the claimant the total gross sum of £3,845.96.[5]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.