Employment Tribunals

Case Numbers: 2500003/2018 EMPLOYMENT TRIBUNALS Claimant: Mr Matthew Wright Respondent: GEC Solutions Limited JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 1. The following claims advanced by the claimant are well-founded: 1.1 The claim for a declaration in respect of unauthorised deductions from wages. 1.2 The claim in respect of unpaid holiday pay. 1.3 The claim for breach of contract in respect of damages for wrongful dismissal and unpaid expenses. REASONS 1. The claimant filed a claim with the Tribunal on 2 January 2018 which was served on the Respondent on 3 January 2018 and a response was to be filed by 31 January 2018. 2. The respondent has failed to file a response to the claim. The claimant is therefore entitled to Judgment under Rule 21. 3. The claimant is to file a fully detailed schedule of loss by 4pm on 7 February 2018 at which time consideration will be given to the issuing of a further Rule 21 Judgment dealing with remedy. The claimant should note that any claim for unpaid notice pay will be awarded on the basis of net pay and the schedule of loss should be calculated accordingly in relation to that claim. 4. The hearing ion 1 March 2018 will remain in the list for the moment. 5. The application from the claimant to transfer this case to be heard in London is postponed for consideration until after it has been decided if a further Rule 21 Judgment can be issued and the case fully disposed of. Employment Judge A M Buchanan Date: 1 February 2018 Case Numbers: 2500003/2018 EMPLOYMENT TRIBUNALS Claimant: Mr Matthew Wright Respondent: GEC Solutions Limited JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 1. The respondent is ordered to pay to the claimant the sum of £2703.00p unpaid wages. This is a gross amount and the claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt by him. This represents unpaid wages for the period 15 October 2017 until 31 October 2017 of £1200 and unpaid commission of £1503.00p. 2. The respondent is ordered to pay to the claimant the sum of £506.30p unpaid wages. This is a gross amount and the claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt by him. 3. The respondent is ordered to pay to the claimant £1240.16 damages for breach of contract. This represents £415 damages for unpaid notice pay and £825.16 in respect of unpaid expenses. 4. The total sum of £4449.46 due from the respondent to the claimant is payable forthwith. REASONS 1. Judgment on Liability was granted on 1 February 2018. 2. The claimant has filed a detailed schedule of loss and supporting papers which satisfy me that the above mentioned sums are due to him from the respondent. 3. The hearing set for 1 March 2018 is cancelled. 4. On 7 February 2018 the respondent requested it be sent copies of the claim form in this matter and these were sent by the Tribunal on 8 February 2018. This request was sent by David T Baird HR Director. Case Numbers: 2500003/2018 5. On 8 February 2018 the respondent again requested the same papers. This request was made by Kevin Lumley Compliance Director. The respondent has not submitted any draft form of response or application for an extension of time in which to file a response or for reconsideration of the Judgment of 1 February 2018 in the correct form. In such circumstances I am satisfied that a Rule 21 Judgment in respect of remedy is appropriate. Employment Judge A M Buchanan Date: 12 February 2018