Mr C G Ahmed v Tanber Solutions Ltd: 2600102/2021
JUDGMENT
[1]The claim for a redundancy payment was presented outside the period of 6 months from the relevant date as required by section 164(1) of the Employment Rights Act 1996 but pursuant to section 164(2) of the Employment Rights Act 1996, it is just and equitable to accept the claim for a redundancy payment.[2]The claims for breach of contract, unlawful deduction of wages and holiday pay were presented out of time but it was not reasonably practicable for the complaints to have been presented in time. Accordingly, time is extended to enable those complaints to proceed.[3]Pursuant to Rule 48 of the Employment Tribunal Rules of Procedure 2013 this preliminary hearing has been treated as a final hearing as the Tribunal is satisfied that neither party shall be materially prejudiced by the decision.[4]The Respondent has failed to file a Response (ET3) within the time limit required by Rule 16 of the Employment Tribunal Rules of Procedure 2013. Upon considering the evidence supplied by the Claimant in his ET1 Claim Form and in the oral evidence given today it is appropriate to enter a judgment pursuant to Rule 21 of the Employment Tribunal Rules of Procedure 2013.[5]The Claimant was dismissed by reason of redundancy is entitled to a redundancy payment of £2,784.00 Page 1 of 3[6]The claimant was dismissed in breach of contract in that he was not given minimum notice of termination as required by section 86 of the Employment Rights Act 1996. The Respondent is ordered to pay to the Claimant damages for breach of contract of £1,830.00 gross.[7]The Respondent has made an unauthorised deduction from the claimant's wages of 2 weeks of wages. The Respondent is ordered to pay the claimant the sum of £677.60 gross.[8]The Respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £697.60 net.