Mr A J Muskett v Real Estate Agencies Ltd: 2409682/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[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 gross sum of £7,845.12 (12 weeks’ notice x average weekly pay; 12 x £653.76 = £7,845.12)[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £18,647 ( 1 weeks’ pay for each full year worked when the claimant was aged over 22 and under 41 years; 1 x 2 x £643 (pay is capped at £643) = £1,286, 1.5 weeks’ pay for every complete year of service when the claimant was aged 41 or over; 1.5 x 18 x £643 = £17,361. Total: £1,286 + £17,361 = £18,647. Length of service is capped at 20 years)[3]The respondent has failed to pay the claimant’s untaken annual leave entitlement of 9.5 days on termination of employment and is ordered to pay the claimant the sum of £985.72 (net) (9.5 days of annual leave accrued but untaken x daily rate of £103.76 = £985.72)[4]The claimant will be responsible for paying any tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted from source.[5]Consequently, the respondent must pay the claimant the total sum (of paragraphs 1,2 & 3 above), of £27,477.84