Mr John Dermody v Pathways 4 All Ltd: 2503369/2018

EMPLOYMENT TRIBUNALS
Case No 2503369/2018
Mr John DermodyClaimantPathways 4 All LtdRespondent
Employment Judge A M BuchananNot represented for claimantMr Terence J McManus - Director for respondentDate 22 February 2019

JUDGMENT

It is the judgment of the Tribunal that the claim for breach of contract in respect of unpaid notice pay is not well-founded and is dismissed.

REASONS

[1]The claimant advanced a claim for unpaid notice of one week pay by a claim form filed on 15 November 2018. The respondent denied liability.[2]The matter came before me this morning. The claimant did not attend but a director of the respondent company did attend.[3]I decided to proceed with the hearing and took full account of all that the claimant had written in his claim form. Case Number: 2503369/2018 2[4]I perused the pay slips sent to the claimant on 31 August 2018 and 30 September 2018. I am satisfied that the claimant was paid in his August payslip for his work carried on Sunday 26 August 2018.[5]I am satisfied that the claimant did not work on 2 September 2018 as the Centre was closed for cleaning but he was nonetheless paid by the respondent. The claimant was dismissed on 4 September 2018 and was entitled to one week’s pay in lieu of notice. On 30 September 2018 the claimant was paid two weeks’ pay and his final accrued holiday entitlement.[6]Accordingly, I am satisfied that the claimant was paid his notice pay in September 2018 and that the claim for breach of contract is not well-founded and is dismissed. EMPLOYMENT JUDGE A M BUCHANAN