Mr D P Grant v Optimum Doors and Sedgefield Windows Limited — 2024

The Claimant presented an ET1 on 29 December 2023 and the Respondent filed no response. Under rule 21 of the Tribunal Rules of Procedure 2013, Employment Judge Sweeney determined the claim on the available material, supplemented by further information provided by the Claimant in February and March 2024. The Claimant had been employed as a double glazing installer from 21 January 2023 to 15 December 2023, with gross weekly pay of £558.10 and net weekly pay of £459.77.

The Judge was satisfied that an agreed 'week in hand' payment, payable on termination, had not been paid and that this amounted to an unauthorised deduction from wages without contractual or statutory authority. The Judge was also satisfied that the Claimant was dismissed by reason of redundancy and was entitled to a redundancy payment, calculated as £558 x 1.5 x 4 based on his age (56) and four complete years of service. The Judge further found that the Claimant was entitled to four weeks' notice and that no notice had been given, giving rise to the breach of contract award.

The holiday pay claim under regulation 30 of the Working Time Regulations 1998 was dismissed upon withdrawal. The total sum ordered to be paid to the Claimant was £5,845.18.