Mr A Black v Leslie White: 4100569/2020
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaints of:(i) seeking a statutory redundancy payment;(ii) that he suffered an unlawful deduction from his wages; and(iii) for breach of contract having been dismissed without notice. succeeds and that the respondent shall pay to the claimant the following sums: (i) £6146.51 representing his statutory redundancy pay entitlement; (ii) £478.95 representing unpaid wages for the period 9-16 September 2019; and (iii) £4758.60 representing 12 weeks’ notice pay.REASONS
[1]A copy of the claim form setting out the claimant`s complaint(s) was sent to the respondent on 31 January 2020.[2]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the respondent was required to enter a response within twenty-eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claims.[4]On the basis of the available material the Employment Judge decided s/he could properly determine remedy as follows:-(a) In respect of the claimant’s claim for a redundancy payment, the respondent shall pay to the claimant the sum of £6146.54 calculated using the statutory formula and based on the claimant having 17 weeks continuous service, with 3 of those years being when the claimant was aged under 22, and based on a week’s pay of £396.55.(b) In respect of the claimant’s complaint of unlawful deduction from wages for 46.5 hours worked but unpaid at £10.30 per hour, the respondent shall pay to the claimant the sum of £478.95(c) In respect of the claimant’s complaint that he was dismissed without notice, the claimant was entitled to 12 weeks’ notice at a rate of £396.55 per week, and accordingly the respondent shall pay to the claimant the sum of £4758.60.