Mr A Borowczyk v Lex Machinery Ltd: 3309663/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the South East Region Employment Tribunals on 20 July 2022. 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 21 of the Rules of Procedure.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1,463.85.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,451.90.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £402.82.[5]The respondent must pay the claimant £4,318.57 in total.[6]The claim for unfair dismissal succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, the Notice for which will follow separately. _____________________________ Employment Judge Anstis Date: 15th February 2023[1]The respondent is ordered to pay compensation to the claimant for unfair dismissal, calculated as follows: Compensatory Award: Loss of earnings from 04 May 2022 to 01 June 2022 £292.77 x 4 weeks £1171.08 Loss of statutory rights £500 Total £1671.08[2]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award and attention is drawn to both the following paragraph and the Annex to this judgment.[3]The total monetary award made to the claimant is £1671.08 The prescribed element is £1171.08. The dates of the period to which the prescribed element is attributable are 04 May 2022 to 01 June 2022. The total monetary award exceeds the prescribed element by £500.