Mr W Mc Michael v Xel Manufacturing Services Ltd: 4109543/2018
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £785.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £4,709.[3]The claimant as dismissed by reason of redundancy and is entitled to a redundancy payment of £6,475.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,962.[5]The hearing listed on Wednesday 19 September at 2pm is cancelled.REASONS
[1]The claimant presented a claim to the Employment Tribunal on 25 June 2018 in which he claimed arrears of pay (2 weeks at £392.40 per week = £784.80). He also claimed the maximum 12 weeks’ statutory notice pay (12 x £392.40 = £4,708.80).[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/him/her but failed to do so.[3]He was 48 years of age at the time of his dismissal and had 13 completed years’ service. He is entitled to a redundancy payment of £6,474.60.[4]The claimant’s holiday pay as follows: 5 weeks: 5 x 40 x £9.81 (hourly rate) = £1,962.[5]The respondent failed to lodge an ET3 response and judgment is therefore granted by default under Rule 21 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. All sums are rounded to the nearest whole pound.