Mr A Burgess v Grafik Ltd (in Liquidation): 3200213/2024
EMPLOYMENT TRIBUNALS
Case No 3200213/2024
Between
Mr A BurgessClaimantGrafik Ltd (in Liquidation)Respondent
Before
Employment Judge Howden-EvansIn person for claimantNot represented for respondentDate 25 February 2025
JUDGMENT
[1]The respondent company Grafik Limited was placed in liquidation on 3rd April 2024.[2]The claim form was sent to the respondent company’s registered office on 21st March 2024. The respondent company failed to file a response to the claim within the requisite time limit. I am issuing a judgment under Rule 22 Employment Tribunal Procedure Rules 2024.[3]It is likely the claimant will face difficulty recovering this debt from the respondent. If the claimant is unable to recover this debt from the respondent, he is referred to section 166(1)a Employment Rights Act 1996, which explains his right to claim payment from the National Insurance Fund.[4]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do not apply to this award.[5]The Claimant was entitled to be paid £3584 gross per month; £2,772 net per month. This means his gross weekly pay was £827.08. Wages[6]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1st to 6th November 2023.[7]The respondent shall pay the claimant £827.08, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[8]The complaint of breach of contract in relation to notice pay is well-founded. The Claimant was wrongfully dismissed. The Claimant had not committed gross misconduct and was contractually entitled to 1 month’s notice of the termination of his employment.[9]The respondent shall pay the claimant £3,584 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[10]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for 10 days’ holiday accrued but not taken on the date the claimant’s employment ended.[11]The respondent shall pay the claimant £1,654.16. The claimant is responsible for paying any tax or National Insurance. Unfair Dismissal[12]The complaint of unfair dismissal is not well-founded and is dismissed. The Claimant did not have sufficient continuous service to be able to present a complaint of unfair dismissal. Summary[13]In total, the Respondent is liable to pay the Claimant the sum of £6,065.24. Employment Judge Howden-Evans 25th February 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.