Miss DA Ivey v M Davies T/a Bennett Richmond and Bennett Richmond: 2501975/2023
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Employment Tribunal is as follows:[1]The title of the first respondent is amended to Mark Davies trading as Bennett Richmond.[2]All claims against the second respondent are dismissed.[3]The complaint or breach of contract in relation to notice pay is well-founded.[4]Under section 163 Employment Rights Act 1996, it is determined that the claimant is entitled to a redundancy payment.[5]The complaint of unauthorised deduction of wages is well-founded. The respondent made an unauthorised deduction from the claimant’s wages in the period from 31 May 2023 to 9 June 2023.[6]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998.[7]The amount payable shall be decided at the remedy hearing on 14 November 2023.REASONS
[1]The claimant made an application to the Employment Tribunal on 19 August 2023 claiming the respondent had failed to pay her wages, notice pay, holiday pay and redundancy pay upon the termination of her employment.[2]The respondent entered a response on behalf of the first and second respondents on 10 October 2023 indicating that the claim is not defended. The respondent provided further information on 26 October 2023 in respect of the correct identity of the respondent, i.e. that Mr Mark Davies was a sole practitioner trading as Bennett Richmond which operated as a firm of solicitors and estate agents. The correct respondent is therefore Mark Davies trading as Bennett Richmond.[3]In response to orders made by the Tribunal on 27 October 2023, the claimant provided an amended schedule of loss on 30 October 2023. However, the information regarding the Case No: 2501975/2023 calculation of holiday pay was unclear and insufficient to make an award. In the circumstances, the amount payable shall be decided at the remedy hearing.[4]The above Judgement has been entered on the basis of the written information provided by the claimant and respondent. Employment Judge Arullendran Date: 6 November 2023 Case Number: 2501975/2023 EMPLOYMENT TRIBUNALS Claimant: Ms D A Ivey Respondent: Mark Davies trading as Bennett Richmond Heard: Remotely On: 14th November 2023 Before: Employment Judge Legard (sitting alone) Representation Claimant: In person Respondent: In person This was a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V – video.[1]The claimant made an application to the Employment Tribunal on 19 August 2023 claiming the respondent had failed to pay her wages, notice pay, holiday pay and redundancy pay upon the termination of her employment.[2]The respondent entered a response on behalf of the first and second respondents on 10 October 2023 indicating that the claim is not defended.[3]On 6th November 2023 EJ Arullendran entered a (rule 21) Judgment on liability in the Claimant’s favour but indicated that further information regarding the calculation of holiday pay was required and directed that an attended remedy hearing should take place.[4]That hearing took place today. Prior to the hearing the Claimant provided me with a detailed statement, amended schedule of loss together with a number of exhibits.[5]Each of the Claimant’s heads of claim was considered in light of the evidence provided. The Respondent did not object to or make comment upon any of the claims advanced by the Claimant.[6]Having considered the evidence and heard from both parties, I was entirely satisfied that, save for a modest amendment to the holiday pay claim, the claims were well founded and that the Claimant was therefore entitled to the total sum of £10,793.55.