Miss C Cookson v Lunar Automotive Ltd: 2419641/2020 and 2402144/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rules 21 and Rule 60 Upon the respondent not presenting a response to claim number 2402144/2021and on the basis of admissions in the response to claim number 2419641/2020, 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 16 November 2020 inclusive and is ordered to pay the claimant the gross sum of £3994.76.[2]The respondent was in breach of contract by not paying the claimant (at the rate of 100% of normal pay) during her 12 weeks’ notice period and the respondent is ordered to pay damages to the claimant in the sum of £5447.52. 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 £11,122.02.[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 £1543.43. Case No: 2419641/2020 & 2402144/2021[5]The complaint in relation to deduction of employee’s pension contributions 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.[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.