L S Latham v The Grove Independent School: 3304021/2024
JUDGMENT
[1]The claim was presented in the South-East Employment Tribunal on 17th April 2024. 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 claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £555 gross.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £250.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £600. Approved by: Employment Judge Tynan Date: 6 February 2025[1]The Respondent’s name is amended from “The Grove Independent School” to “The Grove Independent School Limited”. Reservice of the claim form and other documents is dispensed with.[2]For the reasons given orally, based on the tribunal’s findings of fact, the Claimant’s claim under s.189 TULR(C)A for breach of s.188 TULR(C)A is well-founded and is upheld.[3]Under the power granted to me by s.189 TULR(C)A, for the reasons given orally, it is appropriate to make a protective award and in the circumstances, it is just and equitable that the protected period be the full 90 days permitted under s.189(4) TULR(C)A. The protected period commences on 23 December 2023.[4]The Respondent must pay to the Claimant the sum of £9,000.00, representing 90 days’ pay at a rate of £100.00 per day.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the entire protected period. Approved by: