Miss K Bowers v Desire Cakes and Shakes Ltd: 1806848/2020
JUDGMENT
[1]The title of the Respondent is amended to Desire Cakes and Shakes Limited.[2]The Respondent’s application for an extension of time in which to serve a Response is refused upon there being no attendance to pursue that application.[3]Pursuant to rules 21 and 47 of the Employment Tribunal Rules of Procedure 2013 the case proceeded in the absence of the Respondent with sworn evidence given by the Claimant.[4]The claim for unfair dismissal is dismissed upon withdrawal because the Claimant does not have the necessary 2 years’ continuous employment.[5]In so far as is necessary the Claimant is given leave to amend the claim, by relabelling of the narrative in her claim form, also to include a complaint of unauthorised deductions from wages.[6]Any claim for payment of £75.00 allegedly owing from a previous period of employment is dismissed upon withdrawal, as it would be out of time.[7]The Claimant worked 4 shifts of 5 hours on consecutive days between 15th and 18th October 2020, for which she was paid £120.00, which is £9.00 less than she was owed at the applicable National Minimum wage rate of £6.45 per hour. Case: 1806848/2020 (V)[8]The Claimant worked 35 ½ hours between 19th and 24th October for which she was paid for only 21 at £6.45 per hour on 19th January 2021.[9]It is therefore declared that the Respondent has made unauthorised deductions from the Claimant’s wages and it is ordered to pay to her the sum of £102.53 gross.[10]The Respondent has failed to provide to the Claimant a written statement of her terms and conditions of employment and is therefore further ordered to pay an addiitonal award of 2 weeks’ pay pursuant to section 38 of the Employment Act 2002, namely £387.00 (calculated on the basis of a 6 day week at 5 hours per day at the rate of £6.45 per hour).[11]The Order under rule 50 of the Employment Tribunal Rules of Procedure 2013 made on 16th December 2020 is continued, so as to apply to the promulgation of this judgment.