Mr C Hutcheson v Elcarbec Ltd: 6006623/2024
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 made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £288.00 (3 days’ wages x £96 per day).[3]No award has been made in respect of holiday pay in the absence of any information provided by the claimant about the amounts claimed.[4]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 £960.96 (2 weeks’ notice x £480.48 per week). 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”.[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,441.44 (1 x 3 x £480.48).[6]Consequently, the respondent must pay the claimant the total gross sum of £2,690.40.