Mr S Ball and others v MGM Precision Engineers Ltd: 2500196/2017 and others

EMPLOYMENT TRIBUNALS

Case No 2500196/2017

Between

Mr S Ball and othersClaimant

MGM Precision Engineers LtdRespondent

Before

Employment Judge Garnon

Date 13 March 2017

REASONS

[1]The claims were presented on 13th January 2017 and served on 10th February . Responses were due by 10th March 2017 but none were received I am required by Rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the Case Numbers 2500196/17 , 2500204/17 and 2500206/17 available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability and remedy.

[2]I have in the claim form sufficient information to enable me to find the claims proved on a balance of probability and to determine the accuracy of the sums claimed.

[3]The law relating to unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 ( the Act ).

[4]The common law provides a contract of employment may be brought to an end by reasonable notice. Dismissal without such notice is termed ”wrongful”. Damages for wrongful dismissal are the pay due during the notice period (see Addis v The Gramophone Company)

[5]The Working Time Regulations 1998 say in Regulation 14 that where a worker's employment is terminated during the course of his leave year, and on the date on which the termination takes effect the proportion he has taken of the leave to which he is entitled in the leave year under regulation 13(1) differs from the proportion of the leave year which has expired. his employer shall make him a payment in lieu of untaken leave calculated by a formula which the claimant’s representative has correctly applied . TM Garnon