Mr M Babar v Jannah Cash and Carry Ltd: 6003780/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant's wages and is ordered to pay the claimant the gross sum of £4,047.48 calculated as follows:a. unpaid wages 12/11/2023 to 10/1/2024: 494 hours x £10.42 per hour = £5,147.48.b. LESS payments received totalling £1,100.00c. £5,147.48 - £1,100.00 = £4,047.48[3]The claimant was dismissed in breach of contract and the respondent is ordered to pay damages to the claimant in the sum of £771.08 (1 week’s statutory notice: 74 hours x £10.42). This has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[4]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £590.81 (56.7 hours x £10.42 per hour)[5]Consequently, the respondent must pay the claimant the total gross sum of £5,409.37.[6]The hearing on 13 December 2024 is cancelled.