Mrs B Kwiecien v Red and Black Jo Ltd: 2501129/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unlawful deduction from the wages of the claimant. The respondent is ordered to pay to the claimant £37.50p in respect of unpaid wages. This is a gross amount and the claimant is ordered to pay to the appropriate authorities any income tax and employee national insurance contributions due in respect of such sum.[2]The respondent is ordered to pay to the claimant £360.00p (3 weeks at £120.00p per week net) damages for breach of contract (unpaid notice pay).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £360.00p (3 x £120.00p gross per week).[4]The total sum payable by the respondent to the claimant is £757.50p and is payable forthwith.[5]If the claimant wishes to claim compensation pursuant to section 163(5) of the Employment Rights Act 1996 (“the 1996 Act”) for any loss sustained by the claimant as a result of the failure by the respondent to pay the redundancy payment to which the claimant is entitled, then the claimant must send notice in writing of that claim, with full particulars of the claim, to the Employment Tribunal within 28 days after the date on which this Judgment is sent to the parties. A hearing will then be arranged.[6]The hearing scheduled to take place on 20 November 2017 at the Kings Court North Shields is vacated. Case Numbers: 2501129/2017REASONS
[1]The claimant filed a claim with the Tribunal on 21 September 2017 which was served on the respondent on 22 September 2017.[2]The respondent has failed to file a response to the claim.[3]The claimant has provided written information to the Tribunal which satisfies me that the above mentioned sums are due to her in respect of the claims advanced to the Tribunal.