Mr Tyler Brown v John Havelock also T/a Key Building Solutions: 2501578/2018

EMPLOYMENT TRIBUNALS
Case No 2501578/2018
Between
Mr Tyler BrownClaimantJohn Havelock also trading as Key Building SolutionsRespondent
Before
Employment Judge BuchananDate 26 October 2018

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 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 13 August 2018 which was served on the respondent at its registered office on 16 August 2018.[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 of the 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.[5]A hearing date has been fixed for 12 October 2018. That date is inconvenient for the claimant and I grant his application to postpone and relist. I direct that the Remedy Hearing be listed as soon as possible after 19 October 2018 at North Shields before an Employment Judge sitting alone with an estimated length of hearing of 2 hours. REMEDY JUDGMENT The judgment of the Tribunal following the judgment on liability made by Employment Judge Buchanan on 25 September 2018 is that:[1]The respondent will pay the claimant £3,735.60 (gross) for unauthorised deduction of wages contrary to sections 13 to 27 of the Employment Rights Act 1996.[2]The respondent will pay the claimant £236.00 as a statutory redundancy payment.[3]The respondent will pay the claimant £472.00 (gross) holiday pay.[4]The respondent will pay the claimant £944.00 (four weeks’ pay) for failing to provide him with a written statement of terms and conditions of employment contrary to section 1 of the Employment Rights Act 1996 as provided for by section 38 of the Employment Act 2002.[5]The total payable by the respondent to the claimant is £5,387.60.