R Flynn v Mikeylenn Ltd: 4104175/2020

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4104175/2020Venue Glasgow by CVPHearing 8 and 9 December 2021
R FlynnClaimantMikeylenn LtdRespondent
Employment Judge M WhitcombeDate 13 December 2021

JUDGMENT

No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £1,020.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £31 8.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £121 . Employment Judge: M Whitcombe Date of Judgment: 22 October 2020 Entered in register: 20 November 2020 and copied to parties E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104175/2020 Held in Glasgow by CVP on 8 and 9 December 2021 Employment Judge: Rory McPherson Ryan Flynn Mikeylenn Ltd[1]the respondent made unauthorised deduction of wages from the claimant’s wages in the sum of Five Hundred and Sixteen Pounds and Sixty Pence (£516.60), being 12 weeks’ pay at contractual rate of £43.05; and[2]the claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages in the sum of One Hundred and 30 Twenty Nine Pounds and Fifteen Pence (£129.15), being 3 weeks’ notice contractual notice pay £43.05; and[3]the claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of Ninety Four Pounds and Thirty Nine Pence (£1,176.40) calculated on average of paid wages 52 weeks prior to termination (£62.93 x 1.5 having regard to the claimant’s age), the claimant having a period of 3 continuous years of service.[4]The respondent has failed to pay the claimant’s accrued (6 March to 25 May) holiday entitlement and is ordered to pay the claimant the sum of Fifty Three Pounds and Fifty Pounds (£53.50).[5]As the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply, these sums are payable immediately by the respondent.

REASONS

Oral reasons were given at the hearing. Employment Judge: R McPherson Date of Judgment: 13 December 2021 Entered in register: 14 December 2021 and copied to parties E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104175/2020 Held in Glasgow by CVP on 8 and 9 December 2021 Employment Judge: Rory McPherson Ryan Flynn Mikeylenn Ltd JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that;[1]the respondent made unauthorised deduction of wages from the claimant’s 25 wages in the sum of Five Hundred and Sixteen Pounds and Sixty Pence (£516.60), being 12 weeks’ pay at contractual rate of £43.05; and[2]the claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages in the sum of One Hundred and Twenty Nine Pounds and Fifteen Pence (£129.15), being 3 weeks’ notice 30 contractual notice pay £43.05; and[3]the claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of Ninety Four Pounds and Thirty Nine Pence (£94.39) calculated on average of paid wages 52 weeks prior to termination (£62.93 x 1.5 having regard to the claimant’s age), the claimant having a 35 period of 3 continuous years of service. Respondent Represented by G Kelly and M Lennon Directors Claimant In Person[4]The respondent has failed to pay the claimant’s accrued (6 March to 25 May) holiday entitlement and is ordered to pay the claimant the sum of Fifty Three Pounds and Fifty Pounds (£53.50).[5]As the Employment Protection (Recoupment of Jobseeker’s Allowance and 5 Income Support) Regulations 1996 do not apply, these sums are payable immediately by the respondent.[10]Employment Judge: Rory McPherson Date of Judgment: 15 February 2022 Entered in register: 15 February 2022 and copied to parties