Mr P Fraser Thomson v CST INT Ltd: 2417169/2018 Mr P Fraser Thomson v CST INT Ltd: 2417169/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired, and no valid response having been presented by the respondent within the prescribed time limit, it is the judgment of the tribunal that:[1]The claimant’s complaint of unfair constructive dismissal is well founded and succeeds. The claimant is entitled to compensation. Basic Award: The claimant had two years continuous service , over the age of 41. His weekly pay was £865.40 gross. The cap of £508.00 on a week’ pay applies. 1.5 x 2 x £508.00 £1524.00 Compensatory Award The claimant was out of work for three weeks following his dismissal. His net weekly wage was £670.20 He seeks, however, and the Tribunal awards, notice pay for the same period, so no compensatory award is made.[2]The claimant was dismissed without notice in breach of contract. He was contractually entitled to four weeks notice. He mitigated his loss, however after three weeks, so is entitled to 3 weeks notice pay as damages for breach of contract. 3 x £670.20 £2010.60 This is a net sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance, if any, due upon it.[3]The claimant’s claim of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant in respect of the final week worked by him in October 2018, at the weekly rate of £ £865.40 gross, a total of £670.20 . The respondent is ordered to pay the claimant the said sum of £670.20 . This is a net sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance, if any, due upon it.[4]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £938.28 in respect of 7 days untaken but accrued holiday (holiday pay) at the daily rate of £134.04 net. This is a net amount and the respondent shall be responsible for deducting any income tax and employee’s national insurance, if any, due upon it.[5]The Tribunal’s awards are accordingly: Unfair Dismissal £1524.00 Breach of Contract (notice pay) £2010.60 Deductions from wages £670.20 Holiday Pay £938.28[6]The hearing listed on 2 April 2019 is cancelled.