Mr B Shore v S Huby And Sons T/a Pioneer Transport Ltd: 2503641/2019
JUDGMENT
The complaints of unfair dismissal and redundancy payment are struck out.REASONS
[1]By a letter dated 05/02/2020 the Tribunal gave the claimant an opportunity to make representations as to why the complaints of unfair dismissal and redundancy payment should not be struck out because they• have no reasonable prospect of success.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done. The complaint of unfair dismissal and redundancy payment is therefore struck out.[3]The claimant’s remaining claim(s) remain listed for hearing on 20/02/2020. _____________________________ Employment Judge Aspden Dated: 17 February 2020 Case No: 2503641/2019 EMPLOYMENT TRIBUNALS PRELIMINARY HEARING BY TELEPHONE Claimant: Mr B Shore Respondent: S.Huby and Sons Limited (in liquidation) Heard at: Newcastle (by telephone) On: 6 October 2020 Before: Employment Judge S Shore Representation: Claimant: In Person Respondent: No Appearance[1]The claimant’s effective date of termination was 11 October 2019. His average net weekly wage was £495.00.[2]The claimant’s claim of unfair dismissal and for a statutory redundancy payment are dismissed upon withdrawal.[3]The claimant’s claim for breach of contract (failure to pay notice pay) is well founded and succeeds. The respondent shall pay the claimant two weeks’ pay (2 x £495.00 = £980) for the breach.[4]The claimant’s claim of unauthorised deduction of pay for not paying his wage for the week to 11 October 2019 is well founded and succeeds. The respondent shall pay the claimant one week’s net pay (£495.00) for the unauthorised deduction.[5]The claimant’s claim for non-payment of holiday pay is well founded and succeeds. The respondent shall pay the claimant 15 days’ holiday pay (£495.00 divided by 5 x 15 = £1,485.00).[6]The total payable by the respondent to the claimant is £2,970.00. Case No: 2503641/2019