Mr Carlos Teixera v Taylor And Young Pub Company Ltd: 2501173/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims are well-founded:1.1 The claim for unpaid wages.1.2 The claim for unpaid holiday pay.1.3 The claim for wrongful dismissal in respect of unpaid notice pay.1.4 The claim for a redundancy payment.[2]The remedy to which the claimant is entitled will be held on a date and at a venue to be notified.REASONS
[1]The claimant filed a claim with the Tribunal on 2 October 2017 which was served on the respondent at its registered office on 4 December 2017.[2]The respondent has failed to file a response to the claim.[3]The claims due to the claimant need to be clarified at a remedy hearing. Tribunal. The Tribunal will consider exercising its powers under section 38 Employment Act 2002.[4]The respondent will only be permitted to take part in the Remedy Hearing to the extent permitted by the Employment Judge.[1]The claimant is entitled to a redundancy payment in the sum of £7200.00p. The respondent is ordered to pay that sum to the claimant.[2]The respondent is ordered to pay to the claimant £3461.64 damages for breach of contract (unpaid notice pay). This is an award of 12 weeks net pay to the claimant at £364.22p per week less the sum of £909.00p received by him during the notice period in respect of state benefits.[3]The respondent is ordered to pay to the claimant the sum of £1520.00p unpaid wages. This is a gross amount of £720.00p in respect of unpaid wages and the claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt by him. This award also includes a sum of £800 being an award of two weeks’ pay pursuant to section 38(3) of the Employment Act 2002. The said sum of £800 is not subject to income tax or national insurance contributions. Case Number: 2501173/2017[4]The respondent is ordered to pay to the claimant the sum of £360.00p unpaid holiday pay. This is a gross amount and the claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt.[5]The total sum payable by the respondent to the claimant is £12541.64 and is payable forthwith.[6]Any claim for a reference to the Tribunal pursuant to section 11 of the Employment Rights Act 1996 in respect of terms and conditions of employment and/or a written itemised pay statement is dismissed on withdrawal by the claimant. EMPLOYMENT JUDGE BUCHANAN