Mr I Sullivan v Bacerius Investments Ltd and Delesius Investments Ltd together as Trustees of Sutton Place Property Unit Trust: 3313409/2022
JUDGMENT
[1]The identity of the respondent is amended to Bacerius Investments Ltd and Delesius Investments Ltd together as Trustees of Sutton Place Property Unit Trust.[2]The employment tribunal does have jurisdiction to consider the claimant’s claim for a redundancy payment, unauthorised deduction from wages, unpaid holiday pay on termination of employment and breach of contract in respect of failure to pay notice pay because it was not reasonably practicable for him to present the claim within three months of the relevant date but he presented it within a reasonable further period.[3]The claimant is entitled to a redundancy payment in the sum of £7,708.50.[4]The claimant is entitled to holiday pay accrued and not taken on termination of employment. The respondent shall pay to the claimant £1,839.20 gross of tax and national insurance in respect of holiday pay.[5]The claim for unauthorised deduction from wages succeeds. The respondent shall pay to the claimant £14,016.20 gross of tax and national insurance which is calculated as the sum of:5.1 Unpaid wages for March, April May and June 2022 of £2,797.17 per month gross. Case Number: 3313409/20225.2 Canine allowance payment (as set out in the letter from the respondents dated 20 May 2022) of a total of £1,250 in respect of the period March to June 2022 and the claimant’s notice period,5.3 Employer’s pension contributions in the months March to June 2022 in the sum of £655.92 and5.4 Overtime payments in the sum of £921.60.[6]The claim for notice pay succeeds. The respondent shall pay to the claimant £1,929.56 which is calculated gross.[7]The total award is £25,493.46 some of which will be subject to tax and national insurance as appropriate.