A Mcphillips v Mechanic Arms: 8000974/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that the claimant`s complaints of(a) unfair dismissal and(b) failure to pay for holidays accrued but untaken on termination of employment succeed.[1]The claimant was unfairly dismissed. The respondent shall pay the claimant the following sums:(a) A basic award of £549; and(b) A compensatory award of £2,196[2]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 respondent shall pay the claimant £915. The claimant is responsible for paying any tax or National Insurance.REASONS
[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 2 June 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 twenty eight days of the date on which a copy of the claim was sent to it/him/her 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 they could properly determine remedy as follows:-[5]The claimant was unfairly dismissed. The respondent shall pay the claimant the following sums:(a) A basic award of £549 (£183 x multiplier of 3.0 based on the claimant’s length of service and her age when employment ended)(b) A compensatory award of £2,196 (12 weeks x £183 per week)[6]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 respondent shall pay the claimant £915. The claimant is responsible for paying any tax or National Insurance.