Mr P Marshall v O.C.O. Glenrothes: 4103794/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaints of(a) failure to pay redundancy pay,(b) failure to pay holiday pay and(c) breach of contract (notice pay). Succeed and that the respondent shall pay to the claimant the sum of £1,015 for complaint (a), £134.40 for complaint (b) and £1,015 for complaint (c).REASONS
[1]A copy of the claim form setting out the claimant`s complaint was sent to the respondent on 4 April 2018.[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 them 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 claim.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:-(a) In respect of the claimant’s complaint of failure to pay redundancy pay. The respondent shall pay to the claimant the sum of £1,015 in respect of service from December 2012.(b) In respect of the claimant’s complaint of failure to pay holiday pay. The respondent shall pay to the claimant the sum of £134.40 in respect of sixteen hours unpaid holiday pay.(c) In respect of the claimant’s complaint of breach of contract. The respondent shall pay the claimant the sum of £1,015 in respect of five weeks notice pay.