Mr J Crawford v Cater Property Investment (Dundee) Ltd (In Liquidation): 8000864/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under Rule 22:[1]The claimant was unfairly dismissed by the respondent in terms of section 104 of the Employment Rights Act 1996 for asserting a statutory right and the respondent shall pay to the claimant a compensatory award of THIRTY EIGHT THOUSAND THREE HUNDRED AND THIRTY SIX POUNDS SIXTY FOUR PENCE (£38,366.64), subject to any deductions properly made as provided for hereafter.[2]The respondent made unauthorized deductions from the wages of the claimant in relation to accrued holiday pay and the respondent shall pay the claimant the gross sum of FIVE THOUSAND FOUR HUNDRED AND SIXTY POUNDS (£5,460), subject to any deductions properly made as provided for hereafter.[3]If the respondent makes any deduction from the payment due to the claimant in paragraph 1 above it shall make payment to His Majesty’s Revenue and Customs of the amount of that deduction and at the same time provide written evidence to the claimant of its having done so.REASONS
[1]This is an undefended claim, as the Response Form has been struck out.[2]The claimant’s solicitor provided a Schedule of Loss and I am satisfied from its terms, and the documentation provided, that the amounts awarded are properly payable, and that a Judgment under Rule 22 is appropriate to issue.[3]The claimant seeks losses for a period of one year from dismissal, and states that he has not found employment in that period. The calculation of the compensatory award has been made in accordance with the Schedule of Loss. It is on the basis of net pay of £737.82 per week, for a period of one year which amounts to £38,366.64. That is not the same calculation as from the Schedule of Loss, which has a higher amount.[4]The claimant states that he has not received any state Benefits. The provisions as to recoupment are not therefore engaged.[5]The award for unpaid holiday pay has been calculated gross. The Schedule of Loss states a gross pay of £975 per week. That equates to £195 per day for a five day week. The Schedule seeks 37 days outstanding holiday pay. Given the provisions of the Working Time Regulations 1998 the entitlement is to a minimum of 28 days per annum, but there is no provision for carry forward of unused leave. The award is therefore in the amount of 28 days at £195 per day being £5,460..[6]There is a possibility of the compensatory award being taxable in part, and that is addressed in the award. The respondent may make any appropriate deductions from both awards provided that it pays that sum to HMRC and provides the claimant with evidence in writing of its having done so.