Mr S Ashby v Lunar Automotive Ltd: 2413312/2020 and 2419458/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rules 21 and Rule 60 Upon the respondent not presenting a response to claim number 2413312/2020 and on the basis of admissions in the response to claim number 2419458/2020, judgment is as follows:[1]The respondent has made an unauthorised deduction from the claimant's wages by not paying wages to the claimant (at the rate of 80% of normal pay) in the period 1 September 2020 to 9 November 2020 inclusive and is ordered to pay the claimant the gross sum of £3007.68.[2]The respondent was in breach of contract by not paying the claimant (at the rate of 100% of normal pay) during his 3 weeks’ notice period and the respondent is ordered to pay damages to the claimant in the sum of £1,127.88. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,691.82.[4]The respondent has made an unauthorised deduction from the claimant's wages by failing to pay the claimant in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £751.92. Case No: 2413312/2020 & 2419458/2020[5]The complaint in relation to deduction of employee’s pension contributions not paid to the pension scheme will be decided at a final hearing to be arranged, there being a time limit issue to consider in relation to this complaint.[6]The complaint about underpayment for holiday taken during furlough will be the subject of a further judgment on paper or will be determined at a final hearing, if it appears there is a time limit or any other outstanding issue to be decided.REASONS
[1]By a letter dated 1 February 2023 the Tribunal gave the claimants an opportunity to make representations or to request a hearing, as to why the claims should not be struck out because they have not been actively pursued.[2]The claimants have failed to make representations in writing, or have failed to make any sufficient representations, why this should not be done or to request a hearing. The claims are therefore struck out.