Mr A Kennedy v P H Norwich Ltd: 3304880/2023
JUDGMENT
The Respondent having failed to present a valid response and judgment having been issued against the Respondent under Rule 21, the Judgment of the Tribunal with regard to remedy is as follows:[1]Wages1.1 The complaint of unauthorised deductions from wages is well-founded.1.2 The Respondent made unauthorised deductions from the Claimant’s wages as follows:(i) the Respondent made deductions in respect of employee contributions to NEST but failed to then pay these sums into the scheme on the Claimant’s behalf as follows:a. £27.87 on 10 March 2023b. £5.66 on 10 April 2023.(ii) The Respondent failed to pay the Claimant wages in the sum of £655.96 as per his payslip dated 10 April 2023. 1.2 The Respondent shall pay the Claimant the sum of £689.49 which is the total gross sum deducted. The Claimant is responsible for the payment of any income tax or NI.[2]Notice Pay2.1 The complaint of breach of contract in relation to notice pay is well-founded.2.2 The Respondent shall pay the Claimant the sum of £1,220.40 as damages for breach of contract. This figure has been calculated based on the Claimant’s contractual and statutory entitlement to notice of 12 weeks; his average weekly pay of £203.40; and the fact that the Claimant found new employment at a higher Case Number:3304880.2023 rate of pay 6 weeks after the termination date, thereby reducing the period of loss to 6 weeks. This is based on gross pay and the Claimant may have to pay tax on it as Post Employment Notice Pay.[3]Unfair dismissal3.1 The complaint of unfair dismissal is well founded.3.2 The Respondent shall pay the Claimant a Basic Award of £3,152.70. This figure has been calculated based on the Claimant’s average weekly salary of £203.40 and a multiplier of 15.5 (the Claimant’s age at the date of termination of his employment was 44 years and his length of service was 14 years).3.3 The Claimant is not seeking reinstatement or reengagement but is not awarded a Compensatory Award as he found new employment at a higher rate of pay after 6 weeks and the notice pay award compensates him for loss of earnings during the 6 week period.3.4 The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[4]Summary The total sum the Respondent is ordered to pay the Claimant is £5,062.59. EJ H. Mason 24 January 2024 Judgment sent to the parties on: 14 February 2024 ……………………………. 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.