Mr W Wojciechowski v R & E Kitchen Care Ltd (08162533): 1402944/2018
JUDGMENT
[1]No response having been presented by the respondent, a default judgment is granted in favour of the claimant under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[2]The claimant has quantified some of his claims. He claims:[3]He was incorrectly paid an hourly rate of pay of £17 ph, rather than the £18 ph which he says was agreed. For the period 1/4/2018 to 23/7/2018 he claims the sum of £335.50.[4]Payment for shifts worked from 25/5/2018 to 18/7/2018 of £2,652, less the sum of £587.16 received (without explanation) on 8/8/2018, therefore the sum of £2064.84.[5]He says he never received a contract of employment and he claims notice pay. Under s. 86 (1)(a) of the Employment Rights Act 1996, the minimum 15.9 227 Judgment with reasons Case Number: 1402944/2018 period of notice to be given by an employer to terminate a contract of employment to an employee who has been continuously employed for one month or more is a week’s notice if his period of continuous employment is less than two years. The claimant has said that he is not able to present a weekly wage figure as he was paid monthly. Dealing with the claim in accordance with the overriding objective, the Tribunal attempted to calculate a week’s pay. Without input or explanation from the claimant, it was unable to do so. No monetary award was therefore made in respect of this element of the claimant’s claim.[6]The claimant also claims holiday pay. He says he was informed he would be paid for 24 hours, which equates to £408.00.[7]The claimant is therefore awarded the total gross sum of £2,808.34. The claimant is to account to HMRC in respect of any deductions which fall to be accounted for.