Mr K Hewitt v Terrence Andrew Ltd: 6014401/2024
JUDGMENT
[1]The respondent was notified of this claim and listing of a final hearing by way of a letter dated 10 October 2024 addressed to its registered office. It did not file a response and failed to attend or be represented at the final hearing. In accordance with rule 47 of the Employment Tribunal Procedure Rules 2024 the hearing proceeded in the absence of the respondent. Non-attendance of claimant[2]The claimant was notified of this final hearing date by way of letter dated 10 October 2024.[3]On 21 February 2025, the respondent having failed to present a response, the Tribunal wrote to the claimant inviting the claimant to submit a schedule of loss and supporting evidence by 7 March 2025. On 24 February the claimant submitted evidence and calculations in reply.[4]The claimant did not attend and was not represented at the hearing today. I directed that the Tribunal contact him on the email address provided reminding him of the hearing. No telephone number for the claimant had been provided.[5]The claimant had not attended by 2pm and the hearing therefore proceeded in his absence in accordance with rule 47. Unfair Dismissal[6]The complaint of unfair dismissal pursuant to section 98 of the Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed by the respondent.[7]No reduction is made for contributory conduct on the part of the claimant. Remedy[8]The respondent shall pay the claimant a basic award of 1 weeks’ gross pay for each of 6 complete years of employment during which the claimant was 33-39 years old, using the ET1 figure of £602.87 gross per week = £3,617.22. Holiday Pay[9]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.[10]The respondent shall pay the claimant £1,947.08 as per the claimant’s schedule of loss. Notice Pay[11]The complaint of breach of contract in relation to notice pay is well-founded.[12]The respondent shall pay the claimant £3,405.64 as damages for breach of contract. Summary[13]The respondent is ordered to pay the sum of £8,969.94 calculated as follows (wages subject to tax and national insurance): Basic award £3,617.22 Holiday pay £1,947.08 Notice pay £3405.64 Judgment sum due £8,969.94 Approved by: Employment Judge Rao Dated: 14 March 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.