Mr K McLaughlin v Somerset Crown and Bridge Ltd: S/4107252/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant’s complaints of:-(a) A redundancy payment (b) Unauthorised deduction from wages (holiday pay) (c) Contract claim (notice pay) (d) Failure to provide written statement and employment particulars succeed and the respondent shall pay to the claimant: (a) £1,790.59 (£397.91 x 4.5 weeks) in respect of a redundancy pay.(b) £318.32 in respect of unauthorised deduction from wages (holiday pay) (c) £1,668.40 (£333.68 x 5 weeks) in respect of the contract claim (notice pay). (d) £1,591.64 (£397.91 x 4 weeks) in respect of failing to provide a written statement of employment particulars.REASONS
[1]A copy of the claim form setting out the claimant’s complaints was sent to the respondent on 14 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]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 for a redundancy payment. The respondent shall pay to the claimant the sum of £1,790.59 (£397.91 x 4.5 weeks).(b) In respect of the claimant’s complaint of unauthorised deduction from wages (holiday pay) the respondent shall pay to the claimant the sum £318.32.(c) In respect of the claimant’s contract claim (notice pay) the respondent shall pay to the claimant the sum of £1,668.40 (£333.68 x 5 weeks).(d) In respect of the claimant’s claim of failure to provide a written statement of employment particulars the respondent shall pay to the claimant the sum of £1,591.64 (£397.91 x 4 weeks).