Mr J Bradley v Michael Hall T/a Rantak Machinery Sales: 2411505/2023
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 on 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 and is ordered to pay the claimant the gross sum of £1,432.68, which sum has been calculated as follows:a. unpaid wages 17 to 26 May 2023 inclusive (8 working days x £83.36 gross per day = £666.88).b. unpaid statutory sick pay 29 May to 15 July 2023 (7 weeks x £109.40 per week = £765.80).[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 sum of £5,001.60 (statutory notice pay of 12 weeks = 12 x £416.80). 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]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £10,836.80 (22 years’ service, capped at 20 years. Gross weekly pay = £416.80. Aged between 22 and 41 @ 1 week’s pay for each full year worked = 8 years x £416.80 = £3,334.40. Aged over 41 years @1.5 weeks’ pay for each full year worked = 12 years x £625.20 = £7,502.40).[5]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the sum of £833.60 (15 days accrued between 1 Jan and 15 July 2023 minus 5 statutory public holidays taken = 10 days @ £83.36 gross per day).[6]Consequently, the respondent must pay the claimant the sum of £18,104.68 in total.[7]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.[8]The hearing listed on 23/05/2024 is cancelled.