Mr S Crossley v Waddersg Ltd: 2413704/2023
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 unauthorised deductions from the claimant's wages and is ordered to pay the claimant the gross sum of £342.65 (unpaid wages from 5, 8 and 9 November 2023 = 26.5 hours @ £12.93 per hour).[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 gross sum of £2,379.12 (4 weeks’ statutory notice @ £594.78 per week). 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 respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £329.72 (213 hours accrued as at date of termination minus 187.5 hours taken = 25.5 hours accrued but untaken @£12.93 per hour)[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,568.68 (1.5 week’s pay for every complete year of service when the claimant was aged 41 or older: 1.5 x 4 x £594.78 = £3,568.68).[6]Consequently, the respondent must pay the claimant the total gross sum of £6,620.17.[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.