Mr T Weekes v Strive House Ltd: 6020168/2024
JUDGMENT
[1]The respondent did not present a valid response to the claims. The respondent did not attend this hearing.[2]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. The claimant accrued 9.4 weeks’ holiday during his employment but had taken none by the date of termination. The respondent shall pay the claimant £7592.29. The claimant is responsible for paying any tax or National Insurance.[3]The complaint of breach of contract in relation to notice pay is well-founded. The claimant was entitled to three months’ notice. The respondent shall pay the claimant £10,500.00 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.[4]The claimant withdrew his claims for whistleblowing detriments and sex discrimination during the hearing. They are dismissed on that withdrawal.[5]The claimant did not have two years’ service and so the Tribunal has no jurisdiction to hear his claim for unfair dismissal. Approved by