Mr M Barandino v Bakaruda Limited — 2024

The Respondent failed to file a response and the Employment Judge proceeded under Rule 21 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, determining the claims on the basis of the ET1 and information from the Claimant. The Claimant's statutory redundancy payment claim was dismissed by consent.

The Tribunal found that the Respondent unlawfully deducted the Claimant's salary of £4,553.33 for each of June and July 2023 (£9,106.66 in total) under sections 13 and 23 of the Employment Rights Act 1996, and also unlawfully deducted £400 of orally agreed additional payments for work done on 5 and 12 August 2023. The notice pay claim under the 1994 Extension of Jurisdiction Order succeeded: the Claimant held the title 'Commercial Director' and was entitled to 12 weeks' notice, so his contract could not lawfully have been terminated before 1 September 2023, entitling him to gross August 2023 salary of £4,553.33.

On holiday pay, brought under the contract (25 days plus bank holidays with payment in lieu of accrued but untaken leave), the Tribunal calculated 14.5 days accrued at dismissal on 31 July 2023 (212/365 x 25), less 5 days taken, leaving 9.5 days or 1.9 weeks at a weekly rate of £1,057.69, producing £2,009.61. The Respondent was ordered to pay a total of £16,069.60 gross, subject to lawful deductions of tax and national insurance.