Mr R Kulikowski v Posh Kebabs London Ltd (in creditors voluntary liquidation) — 2021

The tribunal issued a rule 21 judgment after the respondent failed to comply with the tribunal’s order of 28 March 2021 and did not make representations following the letter dated 21 August 2021. The response was struck out under rules 21 and 37 of the Employment Tribunals Rules of Procedure 2013, and judgment was entered for the claimant.

The tribunal ordered payment of £254.09 for an unauthorised deduction from wages during furlough, £1,067.14 gross for dismissal in breach of contract in respect of two weeks’ notice, and £1,532.57 gross for 16 days of accrued but untaken holiday. The judgment stated that the sums at those paragraphs were gross sums and that payment of the net sum after tax and NICs to HMRC would satisfy the judgment.

The tribunal also found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £1,076, described as two weeks’ pay subject to the statutory limit on a week’s pay of £538. No award was made in respect of the alleged reduction to universal credit caused by the respondent’s late payment of wages before the claim was presented.