Mr J Samways v Weavers Carpets and Flooring Ltd: 6018230/2025
JUDGMENT
[1]The claim was presented in the Midlands East Employment Tribunal on 16 May 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing on 9 October 2025. Approved by: Employment Judge McTigue 30 July 2025 Case Number 6018230/2025 EMPLOYMENT TRIBUNALS Claimant: Mr J Samways Respondent: Weavers Carpets and Flooring Ltd (in liquidation) Heard at: Nottingham On: 9 October 2025 Before: Employment Judge New REPRESENTATION: Claimant: In person Respondent: did not attend (in liquidation)[1]Contrary to the date recorded on the P45, the date the Claimant’s employment terminated was 30 April 2025. The Claimant’s gross weekly pay is £451.21.[3]In respect of the claimant’s claim for unauthorised deduction from wages pursuant to section 13 of the Employment Rights Act 1996, the respondent made an unauthorised deduction from the claimant's wages for 4 weeks’ pay from 1 April 2025 to the termination of his employment on 30 April 2025. The respondent shall pay the claimant £1,804.84, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[4]In respect of the claimant’s claim for breach of contract in relation to 11 weeks statutory notice pay, the respondent shall pay the claimant £4,963.31 as damages for breach of contract. This figure 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]In respect of the claimant’s claim for holiday pay the respondent made an unauthorised deduction from the claimant's wages by failing to pay the Case Number 6018230/2025 claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant the gross sum of £841.04 in relation to 9.3 days holiday. The claimant is responsible for paying any tax or National Insurance.[6]In respect of the claimant’s claim for a redundancy payment pursuant to section 163 Employment Rights Act 1996, the claimant is entitled to a statutory redundancy payment of £8,121.78 considering that the relevant date under section 145(5) Employment Rights Act 1996 is 16 July 2025, so that the claimant had 12 years continuous service.[7]In respect of the complaint of unfair dismissal, no further compensation is awarded. Approved by: