Mr S Cooper and others v Newcastle Joinery Ltd: 2503539/2018 and others
JUDGMENT
Upon the respondent failing to attend and the Tribunal being satisfied that it was appropriate to proceed in its absence and after having heard the claimants and after having had regard to the respondent’s notices of appearance and the other documents on the Tribunal’s file, it is the judgment of the Tribunal that[1]The first claimant resigned from employment with the respondent and the effective date of termination was 3 August, 2018[2]The first claimant presented his complaints within the prescribed periods[3]The first claimant’s complaint that he did not receive all of the wages to which he was entitled from the respondent is well founded[4]The first claimant’s complaint that he did not receive all of the holiday pay to which he was entitled is well founded[5]The first claimant’s complaint that he is suffered a breach of his contract of employment in respect of the pension contributions deducted from his wages is well founded[6]Having regard to paragraphs 1 and 3 above, the first claimant’s complaint that he did not receive the notice pay to which he was entitled is not well founded and is dismissed[7]The second claimant’s effective date of termination was 28 December, 2018, and his complaint that he did not receive all of the wages to which he was entitled from the respondent up to that date is well founded The second claimant’s complaint that he did not receive all of the holiday pay to which he was entitled is well founded[8]The second claimant’s complaint that he is suffered a breach of his contract of employment in respect of the pension contributions deducted from his wages is well founded[9]The second claimant’s complaint that he did not receive all of the notice pay and/or a payment in lieu of notice to which he was entitled is well founded[10]The second claimant is entitled to a declaration that he was an employee of the respondent and was dismissed by the respondent for the reason of redundancy and is entitled to a redundancy payment of £3412.50[11]The third claimant’s effective date of termination was 28 December, 2018, and his complaint that he did not receive all of the wages to which he was entitled from the respondent up to that date is well founded[12]The third claimant’s complaint that he did not receive all of the holiday pay to which he was entitled is well founded[13]The third claimant’s complaint that he is suffered a breach of his contract of employment in respect of the pension contributions deducted from his wages is well founded[14]Having regard to paragraph 12 above, the third claimant’s complaint that he did not receive the notice pay to which he was entitled is not well founded and is dismissed[15]The third claimant is entitled to a declaration that he was an employee of the respondent and was dismissed by the respondent for the reason of redundancy and is entitled to a redundancy payment of £ 5118.75 And the Tribunal orders the respondent to pay[1]To the first claimant the sums of1.1 £3776.98 in respect of unpaid wages, including wages due during his notice period1.2 £832.50 as compensation in respect of holiday pay not paid to the first claimant on the termination of his employment1.3 £324.48 as compensation for breach of his contract of employment in respect of the pension contributions deducted from his wages[2]To the second claimant the sums of2.1 £6825.00 in respect of unpaid wages, including wages due during the notice period he was given2.2 £673.75 as compensation in respect of holiday pay not paid to the first claimant on the termination of his employment2.3 £487.50 as compensation for breach of his contract of employment in respect of not receiving all of the notice and/or a payment in lieu of notice to which he was entitled2.4 £427.89 as compensation for breach of his contract of employment in respect of the pension contributions deducted from his wages[3]To the third claimant the sums of3.1 £6853.38 in respect of unpaid wages, including wages due during his notice period3.2 £1078.12 as compensation in respect of holiday pay not paid to the first claimant on the termination of his employment3.3 £347.97 as compensation for breach of his contract of employment in respect of the pension contributions deducted from his wages AND in respect of these sums the claimants shall account to Her Majesty’s Revenue and Customs for any income tax and/or National Insurance Contributions that may be due AND it be noted that the above corrects errors made in the announced Judgment in that pension contribution repayments should not have been allowed in respect of those months where wages were not paid and the second claimant’s arrears of wages should be the gross amount