Mrs J Marsan v Big Marcel Ltd and 1 other — 2019

This was a rule 21 judgment dated 5 November 2019, made in default because the respondents did not present a response within the time limit. Employment Judge Spencer held that the proper respondent to the proceedings was the second respondent, Die With Your Boots On Ltd, rather than Big Marcel Ltd.

The tribunal found that the second respondent had made unauthorized deductions from Mrs J Marsan's wages. The judgment identified two elements: £194,664.08 for the unpaid balance of net pay, and £78,300 gross for employee pension contributions deducted from salary but not paid to the pension provider, together with employer contributions due but also unpaid.

The tribunal also found that Mrs J Marsan had been constructively dismissed and ordered the second respondent to pay £150,904 damages in respect of failure to give notice. The judgment states that the respondent was ordered to pay £423,868, and notes that the figures marked with an asterisk are gross amounts subject to appropriate deductions for income tax and national insurance so that payment of the net sum would discharge the judgment.