Mr S Mais v Alpha Home Design Limited — 2023

The claim was decided under rule 21 because Alpha Home Design Limited did not present a valid response on time after the claim was sent to its still-current registered office address. Employment Judge Lancaster therefore determined the claim on the papers and made findings on the claimant's monetary claims without a contested hearing.

The tribunal found that the respondent had made unauthorised deductions from wages in respect of 3 weeks and 1 day worked but not paid. Using a monthly wage of £2,210, equivalent to £510 per week or £102 per day, the tribunal awarded Mr S Mais £1,632 gross.

The tribunal also found that the claimant had been dismissed in breach of contract in respect of notice. It assessed the claim on the basis of 12 weeks' notice and deducted £2,350 earned in mitigation of loss, resulting in damages of £3,770 gross.

On redundancy, the tribunal found that the claimant was dismissed by reason of redundancy. It used 14 years' continuous employment from the revised start date of 1 July 2008, including 5 years when he was not below the age of 41, and awarded a 16.5-week redundancy payment of £8,415. The tribunal further found that the respondent had failed to pay 2 weeks' pro-rata holiday entitlement accrued but untaken at termination and awarded £1,020 gross. The judgment states a total award of £14,837.