Miss S Gill v B Barton and D Ford T/a Exquisite Catering with Class: 1402039/2021
JUDGMENT
[1]The Respondents’ application for the claim in respect of unauthorised deductions from wages in relation to a £381.00 tax rebate to be struck out, is allowed. The claim has no reasonable prospects of success and is struck out.[2]The Respondents’ application for the claim in respect of holiday pay (Working Time Regulations 1998) to be struck out, is refused.[3]The Respondents’ application for the claim in respect of failure to provide itemised payslips to be struck out, is allowed. The claim in relation to payslips prior to 10 February 2021 is out of time and the Tribunal has no jurisdiction to hear this claim. The claim in relation to payslips for March and April 2021 has no reasonable prospects of success and is struck out.[4]The Claimant’s claim in respect of unauthorised deductions from wages in relation to the Respondents’ failure to pay the National Minimum Wage is well founded. The Respondents shall pay the Claimant the sum of £1,409.55.[5]The Claimant’s claim in respect of holiday pay (Working Time Regulations 1998) is not well founded and is dismissed.[6]The Claimant’s claim in respect of unfair dismissal (Employment Rights Case No: 1402039/2021 Act 1996 s.94) is not well founded and is dismissed.[7]The Claimant’s claim in respect of wrongful dismissal (breach of contract) is not well founded and is dismissed.[8]The Claimant’s claim in respect of harassment related to sex (Equality Act 2010 s.26) is not well founded and is dismissed.[9]The Claimant’s claim in respect of the Respondents’ failure to provide a written contract (Employment Act 2002 s.38) is well founded. The Respondents shall pay the Claimant the sum of £261.60.[10]The total sum payable by the Respondents to the Claimant is therefore £1,671.15 _____________________________ Employment Judge G. King Date: 22 February 2023 Judgment sent to the Parties on 08 March 2023 For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1402039/2021 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant and Respondent Miss S Gill 1) Bruce Barton 2) David Ford T/a Exquisite Catering with Class Held at: Exeter by CVP On: 5 October 2023 Before: Employment Judge Smail Appearances Claimant: No Appearance Respondent: Mr N. Henry, Consultant Swan Craig Solicitors: Miss K Swan, Solicitor PRELIMINARY HEARING JUDGMENT[1]The Respondent’s application for preparation time against Swan Craig Solicitors and/or Kirsty Swan under Rules 34 and 76 is struck out as having no reasonable prospects of success.[2]The Respondent must pay costs to Swan Craig Solicitors in the sum of £350 plus Vat (£420 in total) within 21 days.[3]The Respondent’s application for preparation time against the Claimant be listed before Employment Judge G. King and members from the original full merits Tribunal for a costs hearing of 1 day to be fixed on the first available date.[4]Permission to use today’s composite bundle which itself is a combination of 3 bundles totaling 112 pages at the said costs hearing.[5]Reasons have been asked for and will follow. Case Number: 1402039/2021 2