Mr N A Mayers v Elcarbec Limited — 2024

The respondent failed to present a valid response on time, so 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 did not record any contested hearing evidence in the judgment extract.

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. It awarded £414.48, made up of £288.00 of unpaid wages for 21 to 23 April 2024 at £96.00 per day, together with £126.48 of unpaid employee pension contributions for February to April 2024 at £42.16 per month.

The tribunal also found that the respondent had failed to pay the claimant's accrued untaken annual leave entitlement and ordered payment of £672.00, calculated as 7 days at £96.00 per day. It further found that the claimant was dismissed in breach of contract in respect of notice and awarded £1,446.00, being 3 weeks' statutory notice at £482.00 per week, gross, to reflect the likelihood of tax being payable on that sum as Post Employment Notice Pay.

Finally, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £2,169.00, calculated at 1.5 weeks' pay for each full year worked over 3 years at £482.00 per week. The total gross sum awarded was £4,701.48. The judgment also included the standard interest notice under the Employment Tribunals (Interest) Order 1990, stating that the relevant decision day was 6 November 2024, the calculation day was 7 November 2024, and the stipulated rate was 8% per annum.