462 Default judgment Scotland EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107057/2019 Mr David Benton v Bryan Byrne Consultants Ltd — 2019

This was a rule 21 default judgment, issued because no response had been presented. Employment Judge Ian McPherson decided the case on the available material, including the claimant's additional information provided on 10 July 2019.

The tribunal held that the respondent had made an unauthorised deduction from the claimant's wages for March 2019. It ordered payment of £2,250 for unpaid salary and £23.40 for unpaid expenses. It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded damages of £4,673.07, calculated as 9 weeks' notice pay at £519.23 per week. The higher claim for £6,750, said to represent 3 months at £2,250 per month, was refused because it was not vouched as contractually payable.

The tribunal further found that the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment of £6,858. That figure was based on the claimant's age of 56, 9 years' continuous employment, and weekly pay of £519.23, but restricted to the statutory maximum weekly amount of £508, producing an entitlement of 13.5 weeks at the capped rate. The claimant's higher redundancy claim of £13,780 was refused as overstated and not vouched as contractually payable.

The tribunal also found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £1,290, calculated as 8.6 days at £150 per day. A separate claim for £500 for loss of statutory rights was refused because there was no complaint of unfair dismissal before the tribunal. The hearing listed for 9 August 2019 was cancelled.