Mr W Turner v Northern Hearing Services Ltd: 2411389/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent having stated in its response that it did not defend the claimant’s claims, it is the judgment of the tribunal that:[1]The claimant’s claim for a redundancy payment is well – founded and succeeds. The claimant was employed from 6 January 1997 until he was dismissed on 20 April 2018, at age 37. His weekly gross wage was £300. Whilst he was employed for in excess of 20 years, statutory redundancy payments are capped at 20 years of service. The claimant’s redundancy entitlement is accordingly: 17.5 x £300 £5,250.00 which sum the respondent is ordered to pay him.[2]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant for the last week of his employment, in the sum of £300.00, gross, £273.59 net. The respondent is ordered to pay the claimant the said sum of £273.59. This is a net sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance.[3]The claimant’s complaint of breach of contract is well-founded and succeeds. The claimant is entitled to 12 week’s notice, at £300.00 per week, a total of £3,600.00, gross, £3,283.08 net. The claimant, however, received benefits during the notice period of, in total, £2,143.62. The amount of the award is accordingly £1,139.46, which is a net sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance. 4. the net daily rate of £54.72) in respect of 8.4 days untaken but accrued holiday (holiday pay). This is a net amount and the respondent shall be responsible for accounting to HMRC for the appropriate deductions for income tax and employee’s national insurance relating to it.[5]The hearing listed for 16 August 2018 is cancelled.