Mr J Robinson v Lunar Automotive Ltd: 2420317/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 60 Upon the basis of admissions in the response, 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 December 2020 inclusive and is ordered to pay the claimant the gross sum of £5,681.[2]The respondent made an unauthorised deduction from the claimant’s wages by failing to pay him in lieu of 14.5 days’ accrued but untaken holiday on termination of employment and the respondent is ordered to pay the claimant the gross sum of £1354.88.[3]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.[4]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.[5]The complaint of constructive unfair dismissal will be determined at a final hearing. Case No: 2420317/2020REASONS
[1]By a letter dated 10 January 2022, the Tribunal gave the respondent an opportunity to make representations in writing or to request a hearing, as to why the response should not be struck out because: The respondent failed to attend the preliminary hearing on 5 January 2022 without excuse; It appeared that the response was not being actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent shall be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Batten 14 April 2022[1]The claim for constructive unfair dismissal is well founded. The Respondent is ordered to pay to the Claimant the following sums:a. Basic award: £14,016.60b. Compensatory award: £8436.00 Recoupment regulations do not apply as no benefits were claimed by the Claimant.[2]The Respondent is in breach of contract for failure to pay the Claimant in full for Bank Holiday leave. The Respondent is ordered to pay the Claimant the net sum of £93.44 being damages for the breach of contract.[3]The Respondent is in breach of contract for failure to pay the Claimant 12 weeks statutory notice pay. The Respondent is therefore ordered to pay the Claimant the net sum of £3662.99.[4]The complaint in relation to the deduction of employee’s pension contributions not paid to the pension scheme is stayed until 19th October 2022 to allow the claimant to explore an alternative way of pursuing this complaint through the Pensions Ombudsman and Pensions Regulator. The claimants’ representative must, by 19th October 2022, update the Tribunal Case No: 2420317/2020 in writing, if the complaint has not been previously withdrawn. If a further stay is requested reasons must be provided.