Mr W Lowther v Green Energy Houses Ltd: 6006820/2024
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22[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 22 of the Rules of Procedure.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,020.00 (non-payment of commission on the Carrington contract (£390.00) and the Kay contract (£630.00)).[3]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 £157.89.[4]The claimant was dismissed in breach of contract in respect of reimbursement of mileage expenses and the respondent is ordered to pay damages to the respondent in the sum of £296.55 (659 miles x 45p per mile).[5]When the proceedings were begun, the respondent was in breach of its duty to provide the claimant with an adequate written statement of employment particulars. The Respondent is ordered to pay to the claimant an award under section 38 of the Employment Act 2002, which the tribunal assesses at 2 weeks’ pay, which is £1,020 (2 x £510)[6]Consequently, the respondent must pay the claimant the sum of £2,494.44 in total.[7]The hearing listed on 5/2/2025 is cancelled. Approved by: