P Batchelor and Others v 1st and Last Gaming & Events Ltd: 3300714/2025 and Others
JUDGMENT
[1]The claim was presented in the Watford Region Employment Tribunal on 18 February 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claims in accordance with rule 22 of the Rules of Procedure. All claimants in attached schedule[2]The claimants were not notified by the respondent that their employment had been terminated until the respondent sent P45s to the claimants on 17 January 2025. Unlawful deduction from wages[3]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimants’ wages in the period 1 December 2024 until they were notified that their employment had been terminated by delivery of their P45s on 17 January 2025. The amount awarded to each claimant is the amount stated in the outstanding wages column in the attached schedule. Breach of contract – notice pay[4]The complaint of breach of contract in relation to notice pay is well-founded. The amount awarded to each claimant is the amount stated in the outstanding wages column in the attached schedule. Claimants in the attached schedule with more than 2 years service Redundancy payment[5]Under section 163 Employment Rights Act 1996 it is determined that the claimants in the attached schedule with more than 2 years service are entitled to a redundancy payment. The amount awarded to each claimant is the amount stated in the outstanding wages column in the attached schedule. Unfair dismissal[6]The complaint of unfair dismissal is well-founded. The claimants in the attached schedule with more than 2 years continuous employment are entitled to compensation, the amount of which will be determined at a hearing on 17 December 2025. Claimants in the attached schedule with less than 2 years service[7]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more. The claimants in the attached schedule who have not been employed for two years or more are not entitled to a redundancy payment. Accordingly, the claim for a redundancy payment by these claimants is struck out.[8]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[9]The claimants in the attached schedule who were employed by the respondent for less than two years are not entitled to bring a complaint of unfair dismissal. These claimant have failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. Accordingly, the complaint of unfair dismissal is struck out for claimants with less than two years employment. Strike out of claims[10]The following claims are struck out as they are not actively pursued by the claimants:a. 3300755/2025, claimant Mr Pawel Nowak; andb. 3300733/2025, claimant Mrs Doina Traistariu. Approved by: