Mr Michael Johnson v DJM Fabrication Ltd T/a DJM Fabrications Ltd: 2503284/2018

EMPLOYMENT TRIBUNALS

Case No 2503284/2018

Between

Mr Michael JohnsonClaimant

DJM Fabrication Ltd T/a DJM Fabrications LtdRespondent

Before

Employment Judge A M Buchanan

Not represented for respondent

Date 15 January 2019

JUDGMENT

[1]The name of the respondent is amended to DJM Fabrication Limited t/a DJM Fabrications Limited.2.1 It was not reasonably practicable for the claim of breach of contract (notice pay) to be presented within the period of three months beginning with the effective date of termination of the contract of employment of the claimant and the claim was filed within such further period as was reasonable.

2.2 It was not reasonably practicable for the claims for a declaration of unauthorised deduction from wages in respect both of wages and of holiday pay to be presented before the end of the period of three months beginning with the date of payment of the wages from which the deductions were made and the claims were presented within such further period as was reasonable.

[3]The claim for a declaration of unauthorised deduction from wages in respect of the wages due to the claimant for January 2018 to 1 May 2018 is well – founded and the respondent is ordered to pay to the claimant the sum of £4969.40p (4 calendar months at £1417.35 per month less £700 gross received in that period) forthwith. This is a gross award and the claimant shall account to the appropriate authority for any income tax due in respect of such sum on receipt by him. The claimant, having attained the age of 65 years, was not liable for employee national insurance contributions.

[4]The claim for a declaration of unauthorised deduction from wages in respect of unpaid holiday pay is not well-founded and is dismissed. The claimant had taken the holidays to which he was entitled in the holiday year current at the date of termination of his employment on 1 May 2018.

[5]The complaint of breach of contract in respect of unpaid notice pay is well-founded and the respondent is ordered to pay to the claimant £3185.64 (12 weeks at £265.47 per week net) damages for breach of contract forthwith. This sum is increased by an award of two weeks’ pay (2 x £327.08) in the sum of £654.16 pursuant to section 38(3) of the Employment Act 2002. The respondent is ordered to pay to the claimant the sum of £3839.80 forthwith.

[6]The claimant is entitled to receive from the respondent a redundancy payment in the sum of £6378.06 (19.5 weeks x £327.08 per week gross) and the respondent is ordered to pay the sum of £6378.06 to the claimant forthwith.

[7]The total sum due from the respondent to the claimant is £15187.26p and is payable forthwith. NOTES

[1]The respondent filed a response on 12 December 2018 indicating that the claims of the claimant were not defended.

[2]The claimant had not received written particulars of his employment and the respondent was in breach of its obligations under sections 1 and/or 4 of the Employment Rights Act 1996 when these proceedings were begun. Accordingly, an award under section 38(3) of the Employment Act 2002 is appropriate but at the minimum amount given the size of the respondent company.

[3]The correct name of the respondent is DJM Fabrication Limited but it appears to have traded as DJM Fabrications Limited. There is no company registered at Companies House with the name of DJM Fabrications Limited.