Mr Alan Young v L Kelaty Ltd: 2500169/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims are well-founded:1.1 The claim for unpaid wages.1.2 The claim for a redundancy payment.[2]The remedy to which the claimant is entitled will be assessed at a remedy hearing to be held on Tuesday 3 April 2018 at Teesside Justice Centre, Victoria Square, Middlesbrough, Cleveland, TS1 2AS. That hearing will be held before an Employment Judge sitting alone and will have an estimated length of hearing of 2 hours.[3]The respondent will only be entitled to take part in the Remedy Hearing to the extent permitted by theREASONS
[1]The claimant filed a claim form with the Tribunal on 1 February 2018 which was served on the respondent at its registered office on 2 February 2018.[2]The respondent has failed to file a response to the claim by 2 March 2018 and therefore, in the absence of a response, this Judgment is issued pursuant to Rule 21 of Schedule I to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[3]The amounts due to the claimant need to be clarified at a remedy hearing. The claimant should bring to the remedy hearing two copies of any documents on which he relies to support his claim of unpaid wages (including unpaid commission) and for a redundancy payment. Case Numbers: 2500169/2018[1]The claimant is entitled to a redundancy payment payable by the respondent in the sum of £ £ 3351.70[2]On the claim of unlawful deduction of wages, the respondent is ordered to repay the sum of £1890.72[3]FINDINGS OF FACT AND CONCLUSIONS 3.1. The claimant was continuously employed from 1 February 2011 until he was dismissed as redundant. At a consultation meeting on 16th November 2017, he was not told his employment would definitely end or when. A letter dated 17th November saying it would end on 10 January 2018 was not received by him until 5th January so the relevant end date for calculating his years of continuous employment becomes 16th February 2018. He was born on 20 March 1953 .Therefore he has seven years of continuous employment all over the age of 41 and is entitled to 10.5 weeks pay 3.2. His gross pay was variable depending on commission His basic pay for normal working hours of 37.5 per week was £16000 pa gross which is £307.70 per week..He produced a small bundle of documents which supplemented by his evidence enables me to calculate the least weekly average figure for commission over the last twelve weeks of employment was £9.43 . A payslip showing employer pension contributions for the first 9 tax months of the year produces an average employer contribution of £2.08 per week . His weeks pay is therefore £307.70+ £9.43 + £2.08 = £319.21. His redundancy payment is 10.5 times that = £ 3351.70 3.3. The last payment of wages made to him was on 7th December 2017 but it did not include commission for October or November shown on the payslip as £89.06 . He kept a record of his commission for December which was £45 and for January would not have been less than £10 . His basic pay for December was £1333.33 and for the first 10 days of January 2018 £413.33. The total of these sums is £1890.72. T M Garnon EMPLOYMENT JUDGE