Mrs J Ball v Lunar Automotive Ltd: 2420013/2020 and 2401602/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rules 21 and 60 Upon the respondent not presenting a response to claim number 2420013/2020 and upon admitting in its response to claim number 2401602/2021 that it owed the claimant unpaid notice pay at the rate of 100% of pay, a statutory redundancy payment and holiday pay, 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 9 November 2020 inclusive and is ordered to pay the claimant the gross sum of £3750.31.[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 £5640.92. 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.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £8696.48.[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 £1128.47. Case No: 2420013/2020 & 2401602/2021[5]The complaint in relation to deduction of employee’s pension contributions not paid to the pension scheme will be decided at a final hearing to be arranged, there being a time limit issue to consider in relation to this complaint.