S Clarke v Holiday Homes at Heart Ltd: 1810333/2024
JUDGMENT
The Employment Tribunal Procedure Rules 2024 – Rule 22[1]The respondent has failed to present a valid response on time. TheREASONS
[1]The respondent failed to present a valid response on time. The respondent was given notice of the final hearing. The respondent applied for a postponement but this was refused. The respondent did not attend the final hearing.[2]I took account of the information in the claim form and in correspondence from the respondent and decided that I had sufficient information to determine the claim.[3]The claim form sets out that holiday pay is calculated on the basis of 1 weeks wage per year based on a rolling 12 week average. The amount claimed by the claimant was calculated on that basis, based on the wages that she had been paid. On that basis I was satisfied that the holiday pay was properly payable under her contract in the amount of £892.30.[4]Although the respondent had not submitted an ET3 it was apparent from the correspondence and the claim form that the respondent asserted that it had withheld the holiday pay because it said that the claimant had falsified her hours and damaged equipment. In the absence of any ET3 or any evidence to support this allegation I was satisfied that the wages were properly payable and that any deduction was unlawful. Case No:1810333/2024 Approved by: