Mr K Coulston v Renfrew Transport Services Ltd: 8000057/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that:a. The claimant’s complaint that the respondent failed to pay a redundancy payment succeeds and the respondent is ordered to pay to the claimant the sum of £9,609.60.b. The claimant’s complaint that the respondent made an unauthorised deduction from his wages succeeds and the respondent is ordered to pay to the claimant the sum of £640.64.c. The claimant’s complaint of breach of contract (failure to give notice) succeeds and the respondent is ordered to pay to the claimant £4,968.d. The respondent unfairly dismissed the claimant and is ordered to pay to the claimant the monetary award of £350. The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.REASONS
[1]A copy of the claim form setting out the claimant’s complaints was sent to the respondent on 10 January 2025.[2]In accordance with the terms of rule 17 of the Employment Tribunal Procedure Rules 2024, the respondent was required to enter a response within 28 days of the date on which a copy of the claim was sent to it, but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows: -(a) In respect of the claimant’s complaint of failure to pay a redundancy payment, the respondent ceased trading on 8 December 2024. The claimant’s employment was redundant. At the date of termination the claimant was 66 years of age and had 14 years’ continuous service. The respondent shall pay to the claimant the sum of £9,609.60, being 1.5 weeks’ pay at a rate of £457.60 per week for each of the claimant’s 14 complete years of service.(b) In respect of the claimant’s complaint of unauthorised deduction from wages, on termination the respondent did not pay the claimant’s wages. The respondent shall pay to the claimant the sum of £640.64.(c) In respect of the claimant’s complaint of breach of contract, the claimant received no notice or payment in lieu of notice. The claimant is entitled to 12 weeks’ notice. He has not found alternative employment. The respondent shall pay to the claimant damages in the sum of £4,968, being 12 weeks’ pay at a rate of £414 per week (net).(d) In respect of the claimant’s complaint of unfair dismissal, while redundancy is a fair reason, there was no procedure followed by the respondent The claimant has been unfairly dismissed by the respondent. The basic award made in respect of the claimant’s dismissal is offset by the award made for redundancy. The past loss is covered by the damages claim. The respondent shall pay compensation to the claimant in the amount of £350 in respect of loss of statutory employment rights. There is no future loss as the respondent has ceased trading. 27 February 2025