Mr W Wilson v George Barker and Sons (Timber Merchants) Ltd: 2413752/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent having stated in its response that it does not defend the claimant’s claims, it is the judgment of the Tribunal that:[1]The claimant was dismissed in breach of contract in respect of notice. The claimant was entitled to 12 weeks notice, but was paid only in respect of 8 weeks. The respondent is ordered to pay damages to the claimant in the sum of £662.40, 4 weeks at £165.50 per week not. This is a net sum, and is to be paid without deduction of tax and national insurance, the respondent being liable to account to HMRC for any tax and national insurance payments due thereon.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £5,472.00, having 19 years’ service, and being aged 68 at the date of termination, entitling the claimant to 28.5 weeks at £192.00 gross per week. The respondent is ordered to pay the said sum to the claimant.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £370.95, in respect of 5.6 days accrued but untaken holiday, at the rate of £66.24 per day. This is a net sum, and is to be paid without deduction of tax and national insurance, the respondent being liable to account to HMRC for any tax and national insurance payments due thereon.[4]The hearing listed on 24 October 2018 is cancelled.