Mr S McCann v Lunar Automotive Ltd: 2415137/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the North West Employment Tribunals on 9 December 2021. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made an unauthorised deduction from the claimant's wages in respect of wages earned for the period 15 December 2020 to 30 June 2021 and is ordered to pay the claimant the gross sum of £10,468.45.[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 £6,687.60. 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 as Post Employment Notice Pay.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £14,144.[5]The respondent has made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimant the sum of £1,393.25.[6]The respondent was in breach of contract by paying the claimant at the rate of 80% rather than 100% of normal pay for holiday taken in the period 26 March 2020 to 8 March 2021. The respondent is ordered to pay damages to the claimant in the sum of £178.34. This is a net sum but is based on the claimant’s gross pay because no net figure has been provided and the difference between the gross and net sum is likely to be very small, if any. Note on amount of damages: no figure was provided by the claimant for the amount of damages claimed, but one day’s full pay was £111.46. £178.34 is 20% of 8 x £111.46.[7]The complaint about deductions for employee’s pension contributions but not paid into the pension scheme is currently stayed and will be dealt with in a separate judgment.[8]The respondent is to pay any gross sums for unauthorised deductions from wages less the appropriate deductions for tax and national insurance, if any, for which it must account to HMRC.