Mr C Campbell v Kilgraston School Trust (In Sequestration Care of PWC): 4107445/2024
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 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 22: The respondent shall pay the following sums to the claimant:[1]The respondent has unlawfully withheld wages and is ordered to pay the claimant the gross sum of One Thousand Nine Hundred and Twenty Eight Pounds and Ninety Five Pence (£1928.95) (Calculated on the basis of £55,000÷12=£4583.33- £2654.38 (Amount received from the Insolvency Service)).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages of 13 week’s pay to the claimant in the sum of Seven Thousand Five Hundred and Forty one Pounds and Sixty Eight Pence (£7541.68) (Calculated on the basis of 13 x £1063.25=£13,822-£6280.32 (Amount received from the Insolvency Service)).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of Seven Thousand Seven Hundred Pounds (£7700.00) (Calculated on the basis of 15 weeks x £700=£10,500- £2800 (Amount received from the Insolvency Service))[4]The claimant was unfairly dismissed by the respondent but no compensation is due therefor as:a. The claimant received a redundancy payment andb. The school having closed there is a one hundred percent chance that the claimant would have been dismissed in any event.[5]A Judgment for the Protective Award (APA) head of claim will be issued separately.[6]The respondent shall be at liberty to deduct from the above sums prior to making payment to the claimant such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the claimant written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, and payment of the balance to the claimant shall satisfy the requirements of this judgment. 10 March 2025