Mrs C Rowe v Regent Wood Turning Ltd: 2601603/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant has permission to amend her claim to claim for unpaid wages and, potentially, holiday pay, on an ongoing basis.[2]The respondent has made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £8,130, being 15 weeks’ pay.[3]The case remains listed for a final hearing on 06/09/2019. At that hearing, the tribunal will deal with any claim for unpaid wages from 19 August 2019 onwards, with the holiday pay claim, which is not understood at present, and, potentially with a claim under section 38 of the Employment Act 2002 for compensation for failure to provide a statement of employment particulars in accordance with section 1 of the Employment Rights Act 1996.[4]This judgment is issued under rule 21 of the above Rules, because the respondent has not entered a response. The respondent is entitled to receive notice of any hearing but may only participate in any hearing to the extent permitted by the Employment Judge who hears the case. Employment Judge Camp …19th August 2019………………………… Case No: 2601603/2019 10.2 Judgment - rule 61 EMPLOYMENT TRIBUNALS Claimant: Mrs. C Rowe Respondent: Regent Woodturnings Limited (In Creditors Voluntary Liquidation) Heard at: Nottingham On: 6th September 2019 Before: Employment Judge Heap (Sitting Alone) Representation Claimant: In person Respondent: No attendance or representations CORRECTED JUDGMENT[1]The Claimant is given leave to amend her claim to include a complaint of a failure to pay a redundancy payment and for wrongful dismissal.[2]The Claimant’s employment terminated by reason of redundancy and she is entitled to a redundancy payment in the sum of £15,750.00 which has not been paid to her by the Respondent. The Respondent is therefore Ordered to pay that sum to the Claimant.[3]The Claimant was dismissed without notice in circumstances where she was entitled to receive 12 weeks’ notice of termination of employment. The Respondent is therefore Ordered to pay to the Claimant the net sum of £4,872.00 in respect of the claim of wrongful dismissal.[4]The Respondent failed to pay the Claimant in lieu of the 15.6 days annual leave to which she had accrued entitlement as at the date of termination of her employment. The Respondent is therefore Ordered to pay to the Claimant the net sum of £1,266.72.[5]The Respondent failed to provide the Claimant with a statement of employment particulars contrary to Section 1 Employment Rights Act 1996. Given the circumstances it is appropriate to increase the award by the higher amount of 4 weeks’ pay provided for by Section 32 Employment Act 2002. The Respondent is therefore Ordered to pay to the Claimant the sum of £2,100.00. Case No: 2601603/2019 10.2 Judgment - rule 61[6]The Judgment is to be read alongside that given by Employment Judge Camp on 19th August 2019.