Mr D Flanagan v A1 Stockton Ltd: 2501623/2023
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Employment Tribunal is as follows:[1]The claimant’s claim for the unauthorised deduction of wages pursuant to section 13 of the Employment Rights Act 1996 is well-founded and succeeds.[2]The claimant’s claim for a redundancy payment pursuant to section 163 of the Employment Rights Act 1996 is well-founded and succeeds.[3]The claimant’s claim for notice pay is well-founded and succeeds.[4]The claimant’s claim for accrued and outstanding holiday pay pursuant to Regulations 14 and 16 of the Working Time Regulations 1998 is well-founded and succeeds.[5]The amount payable shall be decided at a remedy hearing.REASONS
[1]The claimant made an application to the Employment Tribunal on 6 July 2023 claiming a redundancy payment, notice pay, holiday pay and arrears of wages. The respondent was required to file a response by 30 August 2023. The respondent has failed to file a response.[2]The above Judgement has been entered on the basis of the information provided by the claimant on the ET1 form. Employment Judge Arullendran Date: 27 September 2023 Case No:2501623/2023 EMPLOYMENT TRIBUNALS Claimant: Mr D Flanagan Respondent: A1 Stockton Ltd (in Liquidation) Heard at: Newcastle Employment Tribunal (by CVP) On: 10 November 2023 Before: Employment Judge Elliott Representation: Claimant: In person Respondent: Did not attend[1]In respect of the claimant’s claim for unauthorised deduction of wages pursuant to section 13 of the Employment Rights Act 1996, the respondent is ordered to pay to the claimant the gross sum deducted, which is £2,348.96. This sum is subject to applicable deductions for tax and employee national insurance contributions.[2]In respect of the claimant’s claim for a redundancy payment pursuant to section 163 of the Employment Rights Act 1996, the claimant is entitled to a statutory redundancy payment of £10,315.80.[3]In respect of the claimant’s claim for notice pay, the respondent shall pay the claimant the gross sum of £4,126.32 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax and on it as post-employment notice pay.[4]In respect of the claimant’s claim for accrued and outstanding holiday pay pursuant to Regulations 14 and 16 of the Working Time Regulations 1998, no sum is due as the claimant had taken all holiday accrued as at the termination date.[5]The claimant may find it helpful to refer to the following guidance on Employment Tribunal judgments: https://www.gov.uk/government/publications/employment-tribunal-hearings- Case No:2501623/2023 judgment-guide-t426/employment-tribunals-the-judgement-t426#redundancy-and-otherpayments- and-insolvent-employers