Mr C Hutcheson v Elcarbec Limited — 2024

The respondent failed to present a valid response on time, so Employment Judge Barker made a Rule 21 determination. On the papers, the tribunal found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £288.00, calculated as three days' wages at £96 per day. The judgment also recorded that no award was made for holiday pay because the claimant had not provided information about the amount claimed.

The tribunal further found that the claimant was dismissed in breach of contract in respect of notice and awarded £960.96 in damages, calculated as two weeks' notice at £480.48 per week. The judgment states that this was calculated using gross pay to reflect the likelihood that the claimant would have to pay tax on it as post-employment notice pay. It also found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £1,441.44, calculated as 1 x 3 x £480.48. The total gross sum payable was £2,690.40.