Mr James David Weepers v H Dobson Glass Merchants 2012 Ltd : 2501003/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £780.00p (6 x £130.00p gross per week) and the respondent is ordered to pay that sum to the claimant.[2]The total sum payable by the respondent to the claimant is £780.00p and is payable forthwith.REASONS
[1]The claimant filed a claim with the Tribunal on 5 September 2017 which was served on the respondent on 6 September 2017.[2]The respondent has failed to file a response to the claim and I conclude it is appropriate to give Judgment in favour of the claimant pursuant to Rule 21 detailed above in relation to the claim for a redundancy payment as that claim has clearly been filed in time.[3]In relation to the other claims filed by the claimant, there appear to be issues in relation to whether or not the claims have been filed in time and therefore whether the Tribunal has jurisdiction to entertain those claims. I have ordered a hearing to consider those matters. Case Numbers: 2501003/2017[1]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent is ordered to pay to the claimant the sum of £1,040, being wages unlawfully deducted. This sum is to be paid gross and the claimant shall be responsible for the payment of any income tax and national insurance contributions thereon.[2]The claimant’s complaint of unauthorised deduction from wages (failure to pay accrued holiday pay) is well-founded and succeeds. The respondent is ordered to pay to the claimant the sum of £78.00 in respect of accrued holiday pay. That sum is to be paid gross and the claimant shall be responsible for the payment of any income tax and national insurance contributions thereon.[3]The claimant’s complaint of breach of contract (failure to pay notice pay) is wellfounded and succeeds. The respondent is ordered to pay to the claimant the sum of £780 by way of payment in lieu of notice. That sum is to be paid gross and the claimant shall be responsible for the payment of any income tax and national insurance contributions thereon.[4]The claimant’s complaint of Unfair Dismissal is well-founded and succeeds, but no compensation is payable to him.[1]This matter came before me this morning for consideration of the claimant’s claims of unauthorised deduction from wages, failure to pay accrued holiday pay and failure to pay notice pay. By judgment promulgated on 24 October 2017, the respondent was ordered to pay to the claimant the sum of £780 by way of redundancy payment. The outstanding matters required a formal hearing with evidence from the claimant, as it appeared from the face of the claim form that his claims may be out of time.[2]The claimant attended in person and gave evidence under oath. No response has been received from the respondent. No one attended on behalf of the respondent. The claimant informed me that he believes that, whilst the company still exists, it has ceased trading.[3]Mr Weepers confirmed that his employment with the respondent began on 28 November 2012. Throughout 2017 he encountered difficulties in receiving his wages and wage slips. Mr Weepers today produced to me copies of various text messages between himself and the respondent.[4]On 8 June 2017, Mr Weepers received a P45 from the respondent which was dated 22 May 2017. Mr Weepers mistakenly believed that this meant that his employment came to an end on 22 May 2017. However, the first he learnt of his dismissal was when he received the P45 on 8 June 2017. I am satisfied that as a basic principle of law, an employee is not dismissed until he learns of his dismissal. In the claimant’s case that means that his dismissal was not effective until 8 June 2017.[5]The claimant entered into ACAS early conciliation on 2 September 2017, the ACAS certificate is dated 5 September 2017 and his claim form was presented on 5 September 2017. I am satisfied that the claims were presented within the period of three months commencing with the effective date of termination of his employment on 8 June 2017. Accordingly, the claims are in time.[6]I accepted Mr Weepers’ evidence as to his arrears of wages, holiday pay and entitlement to notice pay. I am satisfied that the respondent failed to follow any fair procedure before dismissing the claimant, but that he would have been dismissed for reasons of redundancy in any event, so that he is not entitled to any further compensation for Unfair Dismissal. EMPLOYMENT JUDGE JOHNSON