Mr J Bray v G & M Supplies (Cumbria) Limited — 2020

This was a Rule 21 judgment after the respondent did not present a valid response in time. The tribunal therefore determined the claimant's claims on the material before it and found in his favour on four heads: holiday pay under the Working Time Regulations 1998, unlawful deduction from wages, breach of contract/notice pay, and redundancy pay.

On holiday pay, the tribunal found that 90 hours of untaken but accrued holiday remained unpaid. It applied the claimant's hourly rate of £8.21 and awarded £738.90 gross. On wages, it found unauthorised deductions for December 2019 and January 2020. The judgment records December 2019 wages due of £1,334.31, less £710 paid, leaving £624.13, and January 2020 wages due of £1,334.31 with nothing paid, leaving £1,334.31, for total deductions of £1,958.44 gross.

The tribunal also found that the claimant was dismissed without notice and awarded notice pay as damages for breach of contract. The text says he was entitled to one week's notice pay, but the calculation given is '3 weeks notice at £308.88 per week gross £923.64'. The award was therefore recorded as £923.64 gross, with tax and national insurance to be deducted and accounted for by the respondent.

Finally, the tribunal found the redundancy payment claim well-founded. It recorded that the claimant had been employed from 3 May 1996 until dismissal on 3 February 2020, was aged 50, and had a weekly gross wage of £307.88. Using a redundancy entitlement of 4.5 weeks, it awarded £1,385.46. The total of the sums awarded was £5,006.44 gross.