Mrs A Buchan v Largs Upholstery Ltd: S/4104943/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant’s complaints of:-(a) Unauthorised deduction from wages; (holiday pay).(b) Payment of a redundancy payment.(c) Contract claim (notice pay) Succeed and the respondent will pay to the claimant the sum of: (a) Unauthorised deduction from wages, the respondent shall pay to the claimant the sum of Two Hundred and Fifty Two Pounds (£252). (b) Failure to pay a redundancy payment the respondent shall pay to the claimant the sum of One Thousand, Two Hundred and Sixty Pounds (£1,1260), (6 weeks x £210). (c) Breach of contract (notice pay) the respondent shall pay to the claimant the sum of Eight Hundred and Forty Pounds (£840), (4 weeks x £210). 4104943/2018REASONS
[1]A copy of the claim form setting out the claimant’s complaints was sent to the respondent on 1 June 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 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 claim.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:- (d) In respect of the claimant’s claim for unauthorised deduction from wages; (holiday pay). The respondent shall pay to the claimant the sum of Two Hundred and Fifty Two Pounds (£252). (e) In respect of the claimant’s complaint of failure to pay a redundancy payment, respondent shall pay to the claimant the sum of One Thousand, Two Hundred and Sixty Pounds (£1,1260), (6 weeks x £210). (f) In respect of the claimant’s Contract claim (notice pay), the respondent shall pay to the claimant the sum of Eight Hundred and Forty Pounds (£840), (4 weeks x £210).