Ms Sarah Davies v Bar & Catering Supplies Ltd: 1600255/2019
JUDGMENT
In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claims:• Unlawful Deduction of Wages: £4,131.61 The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded in respect of unpaid wages and unpaid holiday pay. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. _________________________________ Employment Judge Brace Dated: 8 July 2019 JUDGMENT SENT TO THE PARTIES ON 8 July 2019 FOR THE SECRETARY OF EMPLOYMENT TRIBUNALS Case Number 1600255/2019 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Miss Sarah Davies AND Bar & Catering Supplies Limited JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Swansea ON 13 September 2019 EMPLOYMENT JUDGE NW Beard Representation For the Claimant: In Person For the Respondent: No Appearance JUDGMENT The judgment of the tribunal is that:-[1]In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claims: 1.1. Unpaid wages 1.2. Unpaid holiday pay 1.3. Breach of contract – unpaid notice pay[2]The respondent having been given an opportunity to respond to the claimant’s application to amend to add a claim of unfair dismissal and having failed to respond the claimant’s application to amend is granted.[3]The claimant’s claim of unfair dismissal is well founded.[4]The respondent is ordered to pay to the claimant compensation on the above claims as calculated below. Basic Award £504.81 x 15 weeks £ 7,572.15 Compensatory Award Notice Pay 12 weeks @ £385.21 net £ 4,622.52 Case Number 1600255/2019 Loss of Statutory Rights £ 500.00 Loss of earnings Past Loss 12 weeks @ £385.21 net Future Loss 26 weeks @ £270.21 net Pension Loss 9 months at £100 per month Loss of Benefits Vehicle use Mobile Telephone £ 4,622.52 £ 7,025.46 £ 900.00 £ 600.00 £ 60.00 Failing to provide terms and conditions document 2 weeks @ £504.21 per week £ 1,009.62 Sub Total for uplift £ 26,912.27 Uplift 25% failure to follow ACAS procedures £ 6,728.07 Sub Total for Compensation limit £ 26,068.19 Annual Salary Limited to £25,416.64 Unlawful Deduction Outstanding holiday pay 11 days @ £100.96 per day Unpaid salary 97 days @ £100.96 per day £ 1,110.56 gross £ 4,129.79 gross Total Award £38,229.14