Miss R Wallace and others v Aztec Carlisle Ltd: 2412227/2023 and Others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 All Claimants[1]The respondent has failed to present a valid response on time and 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 figures below are awarded in gross sums. The claimants should be aware that they may receive less than these amounts if the respondent accounts for statutory deductions before satisfying the awards. If the respondent pays the claimants the gross figures, then each claimant may need to satisfy any tax burdens individually from that award.[3]The hearing on 7 August 2024 is cancelled. Miss R Wallace[4]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant between 27/9/2023 and 3/10/2023 and is ordered to pay the claimant the gross sum of £1,975.18 (as recorded in the pay slip issued by the respondent to the claimant in respect of this period, which was due for payment on 9/10/2023 and which was never paid).[5]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 £460.00 (weekly gross pay £460 x one week’s statutory notice).[6]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,552.50 (135 hours of untaken leave @ £11.50 gross per hour).[7]Consequently, the respondent must pay the claimant the total gross sum of £3,987.68. Mr R Tyson[8]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant between 27/9/23 and 3/10/23 and is ordered to pay the claimant the gross sum of £1,560.66 (as recorded in the pay slip issued by the respondent to the claimant in respect of this period, which was due for payment on 9/10/2023 and which was never paid).[9]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 £460.00 (weekly gross pay £460 x one week’s statutory notice).[10]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £920.00 (80 hours of untaken leave @ £11.50 per hour).[11]Consequently, the respondent must pay the claimant the total gross sum of £2,940.66. Miss M Gardzinska[12]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant between 27/9/23 and 3/10/23 and is ordered to pay the claimant the gross sum of £464.21 (as recorded in the pay slip issued by the respondent to the claimant in respect of this period, which was due for payment on 9/10/2023 and which was never paid).[13]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 £270.92 (weekly gross pay £270.92 x one week’s statutory notice).[14]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £625.20 (60 hours of untaken leave @ £10.42 per hour).[15]Consequently, the respondent must pay the claimant the total gross sum of £1,360.33. Miss J Love[16]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £500.25.[17]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 £431.25 (weekly gross pay £431.25 x one week’s statutory notice).[18]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £983.25 (85.5 hours of untaken leave @ £11.50 per hour).[19]Consequently, the respondent must pay the claimant the total gross sum of £1,914.75.