Mr C. Rodrigo v NXG Enterprises Limited — 2020

The claimant, Mr C. Rodrigo, attended the final hearing by telephone; the respondent did not attend and had not filed a response. The tribunal decided it was just and equitable to proceed under the Employment Tribunals Rules of Procedure 2013, taking account of rule 46 and the public nature of the hearing. The claimant gave oral evidence, which the tribunal accepted, and his evidence was supported by the respondent's letter dated 7 May 2019 stating that the sum claimed was due and would be paid on 31 May 2019.

The tribunal found that a bonus due in March 2019 was properly payable on 31 May 2019 and had not been paid. It concluded that the sum fell within the definition of wages in section 27 Employment Rights Act 1996, so the complaint of unlawful deduction from wages succeeded. Judgment was entered for unpaid wages of £1,331.59.

The separate redundancy payment claim was dismissed. The tribunal recorded that the claimant had informed it in February 2020 that the redundancy payment had been made and that there were no other sums outstanding. On that basis, and subject to the claimant confirming payment of his full redundancy payment, the tribunal dismissed that claim.