Mr D Young v Rutherford Vending Ltd — 2024

The claims were determined under Rule 21 of the Employment Tribunals Rules of Procedure 2013 because the respondent failed to present a valid response on time. Employment Judge Davies decided a determination could properly be made on that basis. The claimant had not brought an unfair dismissal claim and was not entitled to compensation for lost earnings following dismissal, save in respect of notice pay.

The tribunal found that the respondent had made unauthorised deductions from the claimant's wages covering the period from March 2024 until his dismissal by text on 28 May 2024, awarding £3,603.60. The claimant was dismissed in breach of contract in respect of notice pay; with a 12-week statutory notice entitlement, damages of £5,148 were awarded. The claimant was dismissed by reason of redundancy and awarded a redundancy payment of £12,870.

The tribunal further found that the respondent had failed to pay the claimant's holiday entitlement, with the amount to be determined once further information was provided. It also found that the respondent breached an implied term of the contract by deducting employees' pension contributions from the claimant's wages without paying them into his pension over a 9-month period, ordering payment of £742.14.