Miss K Thomas v 4 x 4 Accessories & Tyres Ltd: 2500917/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is that:[1]The complaint of breach of contract in respect of the failure to give 8 weeks’ notice is well founded and succeeds. The Respondent is ordered to pay to the Claimant damages in the sum of £5,136.REASONS
[2]The Claimant was employed by the Respondent from 31 March 2020 until 31 May 2021. She was dismissed with immediate effect on 31 May 2021. Under the terms of her contract she was entitled to 8 weeks’ notice of termination of employment. The Respondent failed to give the appropriate contractual notice or to pay her in lieu of that notice.[3]The proceedings were served on the Respondent at its Registered Office with a response date of 16 July 2021. However, no response was returned. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[4]The Claimant has set out clearly in her Claim Form the relevant events resulting in the termination of her employment. She has, in addition, provided the Tribunal with, among other documents, a copy of her contract of employment. She has calculated her claim as £6,666.66 gross pay and £5,136 net pay (section 6.2 of the ET1).[5]I am entirely satisfied from the material available to me that the Claimant’s employment was terminated in breach of contract. Therefore, it was appropriate for a judgment to be issued to that effect. I was also satisfied from the information provided as to the amount claimed. Damages for wrongful dismissal are to be 1 of 2 Case Number: 2500917/2021 awarded net of tax. The Respondent must pay the Claimant damages in the sum of £5,136.