Mr Leslie Barnes v Rothbury Motors Ltd: 2503236/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim for breach of contract (notice pay) advanced by the claimant is well-founded and the respondent is ordered to pay to the claimant the sum of £332.76 (1 week x £332.76 net per week) as damages for breach of contract.[2]The amount awarded for unpaid notice pay above is increased by £807.70 (2 weeks gross pay of £403.85 per week) pursuant to section 38(3) of the Employment Act 2002 as I am satisfied that when these proceedings were instituted the respondent was in breach of its obligation to the claimant to provide written terms and conditions of employment pursuant to section 1 of the Employment Rights Act 1996.[3]The total sum due to the claimant from the respondent of £1140.46 is payable forthwith.[4]The hearing set for 3 January 2019 is cancelled.