Employment Judge BurgherMr C Ilangaratne (instructed by Counsel) for claimantNo Appearance for respondentDate 4 August 2023
JUDGMENT
The response is struck out.
REASONS
[1]By a letter dated 17 July 2023 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the respondent had not complied with the Order of the Tribunal dated 14 March 2023 and it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Acting Regional Employment Judge Burgher Date: 3 August 2023 Case Number: 3200270/2023 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr J Padda Respondent: Imma Limited FINAL HEARING Heard at: East London Hearing Centre (in public by CVP) On: 4 August 2023 Before: Employment Judge Shore Appearances For the claimant: Mr C Ilangaratne, Counsel For the respondent: No Appearance[1]The claimant’s claim of unfair dismissal under Part X of the Employment Rights Act1996 is well-founded and succeeds. The reason for dismissal was redundancy. The effective date of termination was 30 September 2022.[2]For unfair dismissal the respondent shall pay the claimant: 2.1. A basic award calculated as 4 weeks’ pay at £461.00 per week multiplied by 1 plus 1 weeks’ pay at £461.00 per week multiplied by 1.5 = £2,353.00. 2.2. A compensatory award for the period from the effective date of dismissal to the date of this hearing of 8 weeks’ net pay at £387.00 per week = £3,096.00. 2.3. A compensatory award for loss of future earnings (loss of statutory rights) of £571.00. The total payable by the respondent to the claimant for unfair dismissal is £6,020.00. The recoupment provisions do not apply to the compensatory award. Case Number: 3200270/2023 2 of 2[3]The claimant’s claim of breach of contract (failure to pay notice pay) under Article 4 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 is well-founded and succeeds.[4]The respondent shall pay the claimant damages for breach of contract of 5 weeks’ pay at £461.00 = £2,305.00.[5]The claimant’s claim of unauthorised deduction of wages (failure to pay holiday pay) under section 13 of the Employment Rights Act 1996 is well-founded and succeeds.[6]For failing to pay any holiday pay to the claimant, the respondent shall pay the claimant holiday pay for the period working backwards from 8 February 2023 for two years. The claimant was employed between 9 February 2021 and 30 September 2022 of that period, which entitled him to 46 days’ paid leave at £92.20 per day = £4,241.20.[7]Because the respondent failed to address the claimant’s grievance concerning the failure to pay holiday pay, the award is uplifted by 25% under section 207(A) of the Trade Union and Labour Relations (Consolidation) Act 1992 = £1,060.30.[8]The claimant’s claim that the respondent failed to provide him with written reasons for dismissal under section 92 of the Employment Rights Act 1996 is well-founded and succeeds.[9]The respondent shall pay the claimant two weeks’ pay at £461.00 = £922.00.[10]The respondent failed to provide the claimant with a written statement of terms and conditions of employment as required by section 1 of the Employment Rights Act 1996. Under section 38 of the Employment Act 2002, the respondent shall pay the claimant four weeks’ pay at £461.00 per week = £1,844.00.[11]The total payable by the respondent to the claimant is £16,392.50.