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).