Mr S Crossley v Waddersg Limited — 2024

The tribunal entered judgment under Rule 21 because the respondent failed to present a valid response on time, and Employment Judge Benson Date decided that a determination could properly be made on the claim on the papers. The judgment therefore recorded the claimant's claims and the sums ordered without a contested hearing.

It found that the respondent had made unauthorised deductions from wages and ordered £342.65 for unpaid wages relating to 5, 8 and 9 November 2023, calculated as 26.5 hours at £12.93 per hour. It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £2,379.12, being four weeks' statutory notice at £594.78 per week, calculated gross to reflect the likelihood of tax being due as Post Employment Notice Pay.

The tribunal further found that the respondent had failed to pay accrued but untaken holiday entitlement and ordered £329.72, based on 25.5 hours at £12.93 per hour after 213 hours accrued at termination less 187.5 hours taken. It found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £3,568.68, calculated as 1.5 weeks' pay for each complete year of service when the claimant was aged 41 or older. The total gross sum ordered was £6,620.17, and the notice stated that the claimant would be responsible for any tax liabilities arising if tax was not deducted at source.