Mr D Falcus and others v RDT Decorating Ltd: 2500535/2019 Mr D Falcus and others v RDT Decorating Ltd: 2500535/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed in breach of contract in respect of notice.[2]The claimant was dismissed by reason of redundancy.[3]The respondent has failed to pay the claimant’s holiday entitlement[4]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[5]The hearing listed on 31 May 2019 is converted to a remedy hearing. Employment Judge Arullendran _____________________________ Date: 15 May 2019 Case Number: 2500535/2019, 2500536/2019 & 2500537/2019 1 THE EMPLOYMENT TRIBUNALS Claimant: Mr David Falcus First Claimant Mr Scott Leonard Second Claimant Mr Paul McGarrity Third Claimant Respondent: RDT Decorating Limited Heard at: North Shields Hearing Centre On: Friday 31st May 2019 Before: Employment Judge Johnson sitting alone Representation: Claimant: First Claimant – In Person Second Claimant – In Person Third Claimant – No attendance and no appearance Respondent: No attendance and no appearance[1]Holiday Pay The respondent has failed to pay to each claimant their holiday entitlement and is ordered to pay to each claimant the gross sum of £423.15.[2]Notice Pay Each claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the first claimant at the rate of 7 weeks pay in the sum of £2,961.70. The respondent is ordered to pay to the second claimant damages at the rate of 5 weeks pay in the sum of £2,115.75. The respondent is ordered to pay to the third claimant at the rate of 5 weeks pay in the sum of £2,115.75.[3]Redundancy Payments Case Number: 2500535/2019, 2500536/2019 & 2500537/2019 2 Each claimant is entitled to a redundancy payment, calculated upon their age and length of service. The sums to be paid to each claimant by way of redundancy payment are as follows:- i) the respondent shall pay to the first claimant by way of redundancy payment the sum of £4,443.08 ii) the respondent shall pay to the second claimant by way of redundancy payment the sum of £2,750.38 iii) the respondent is ordered to pay to the third claimant by way of redundancy payment the sum of £3,173.64[4]The sums ordered to be paid above by way of holiday pay and notice pay shall be paid gross and the claimants shall be responsible for the payment of any income tax and national insurance contributions thereon. EMPLOYMENT JUDGE JOHNSON