Mr L Bendle v JD Fitness Group T/a Anytime Fitness: 3311350/2023
JUDGMENT
[1]The Respondent was aware of the hearing following a notice sent on 14 September 2024. It was in the interests of justice to continue with the hearing in the absence of the Respondent as they had not provided a response to the claim or made an application to participate in the proceedings.[2]The Respondent made an unlawful deduction from the claimant’s wages.[3]The Respondent wrongfully dismissed the claimant because the notice period was not paid.[4]The Respondent did not pay the claimant for annual leave accrued but not taken at date of his dismissal.[5]The Respondent had not provided the Claimant with a copy of his particulars of employment by the date the claims were submitted to the Tribunal.[6]I make the following awards: Unlawful deduction from wages Wages for May 2023 including contractual commission = £1916.66 gross Wrongful dismissal Payment for notice period (1 week) = £384.61 gross Holiday pay 10.2 Judgment - rule 61 February Case No: 3311350/2023 8.5 days = £653.82 gross Award under section 38 Employment Act 2002 4 weeks = £1538.44 gross[7]The respondent is ordered to pay the claimant £4493.53 gross.[8]The respondent is responsible for paying tax and National Insurance contributions in respect of the awards.