Ms Angela Bunting and others v Parker & Denwood Ltd (in creditors voluntary liquidation): 2503420/2018 and others

EMPLOYMENT TRIBUNALS

Case No 2503420/2018

Between

Ms Angela Bunting and othersClaimant

Parker & Denwood Ltd (in creditors voluntary liquidation)Respondent

Before

Employment Judge Garnon

Date 12 February 2019

REASONS

[1]The claim was presented on 16 November 2018 and served on 27 December . On 31 October the respondent had entered creditors voluntary liquidation and its address for service has now been changed to that of its liquidators. The response was due by 24 January 2019 but none was received. I am required by Rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if so, obliged to issue a judgment which may determine liability and remedy. I have in the claim form sufficient to enable me to find the claims proved on balance of probability but not to determine sums to be awarded.

[2]The law relating to unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 ( the Act) and that relating to compensation for untaken annual leave in The Working Time Regulations 1998. These two elements are awarded gross of tax and NI. At the remedy hearing, the exact sum of wages owed to each claimant must be available. The compensation for untaken annual leave is based on accrued but untaken entitlement in the leave year in which employment ended so we need details of how much paid holiday each claimant took.

[3]A contract of employment may be brought to an end only by reasonable notice. Unless gross misconduct has occurred, dismissal without notice is wrongful and damages are the net pay for the notice period less sums earned or benefits received from other sources . Statutory minimum periods of notice are set out in Section 86 of the Act, but a claimant may entitled to the benefit of a longer contractual notice period. At Case Numbers 2503420- 2503426/18 (see attached schedule) the remedy hearing we need details of how much net pay each claimant would have received in the notice period and how much other income each secured. TM Garnon Employment Judge Date signed 28 January 2019 31 January 2019 Multiple Schedule Case Number Case Name 2503420/2018 Mrs Angela Bunting -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503421/2018 Mr Mark Winstanley -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503422/2018 Mr Stephen Thompson -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503423/2018 Mr Stuart Neill -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503424/2018 Mr Paul Lyoneete -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503425/2018 Mr Stuart Dixon -v- Parkin & Denwood Limited (in creditors voluntary liquidation) 2503426/2018 Miss Suzanne Henry -v- Parkin & Denwood Limited (in creditors voluntary liquidation)