Mr D Marsh v SLG DB 3 Limited — 2024

The Employment Judge made a Rule 21 determination after the respondent failed to present a valid response on time. On that basis, the tribunal determined the claim without a contested hearing and entered judgment for the claimant on the claims it addressed.

The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages between March and November 2020 and ordered payment of £18,083.81 gross. It also found that the claimant had been dismissed in breach of contract in respect of notice. The tribunal assessed the claimant's notice pay at £47,499.92 gross for 26 weeks' contractual notice, but applied the statutory cap for tribunal contract claims and ordered £25,000 on that complaint.

The tribunal further found that the respondent had failed to pay the claimant's accrued untaken annual leave entitlement of 25 days, described as 22 days rolled over from previous years and 3 days accrued in January 2022. It ordered payment of £9,134.60 gross, calculated from gross weekly pay of £1,826.92 for five weeks. The judgment stated that the total gross sum payable was £52,218.41 and noted that the claimant would be responsible for tax liabilities arising from the gross award if tax was not deducted at source.