Miss R Pettitt v Luna 3-6-5 Healthcare Services Ltd: 1400899/2022
JUDGMENT
[1]The Respondent having failed to respond to the claim or submit an extension of time for filing a response a liability judgment in favour of the Claimant is entered pursuant to Rule 21 of the Employment Tribunals Rules 2013.[2]The Tribunal does not have jurisdiction to hear the claim for unfair dismissal as the Claimant did not have sufficient qualifying service to bring this claim at the date of termination of her employment. Furthermore, the Claimant’s employment had not terminated at the date of presentation of the claim. Accordingly, the claim for unfair dismissal is dismissed.[3]The claim for unauthorised deductions from wages is well-founded. The Respondent is ordered to pay the Claimant the sum of £842.08 gross.[4]The Claimant is permitted to amend her claim for holiday pay to bring a claim in respect of holiday pay accrued and outstanding on termination of employment under the Working Time Regulations 1998. The Respondent did not pay the Claimant in respect of her entitlement to such accrued annual leave and accordingly, the claim for holiday pay succeeds. The Respondent is ordered to pay the Claimant the sum of £382.06 gross.[5]The total award is therefore £1224.14. Case No: 1400899/2022