Mr S McLaughlin v Ge-Aet — 2024

The respondent failed to present a valid response on time, and the Employment Judge determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013. On that basis, the tribunal made findings on the papers and upheld the claimant's money claims. The respondent was found to have made unauthorised deductions from wages for September 2022, October 2022 and November 2022, totalling £3,251 net.

The tribunal also found that the claimant was dismissed in breach of contract in relation to his entitlement to statutory notice. Damages for that claim were assessed at £2,047.04 net, based on 4 weeks' notice and a weekly net wage of £511.76. In addition, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment of £5,139 gross, calculated by reference to a gross weekly wage of £646.15, age 58, and 6 years' service.

The tribunal further found that the respondent had failed to pay holiday entitlement of 7 days, at £129.23 gross per day, and ordered payment of £904.61 gross. The judgment records that the claimant was entitled to 18 leave days per year and had already used 11 days for the relevant year. The tribunal ordered a total payment of £11,341.65 and noted that the claimant is responsible for any tax or national insurance due to HMRC.