Mrs K Bowers v Shanni Charles: 1810824/2018

EMPLOYMENT TRIBUNALS
Case No 1810824/2018
Ms S Fretwell, DaughterClaimantNo attendance or representationRespondent
Employment Judge BrainNot represented for respondentDate 21 December 2018

JUDGMENT

UPON the Tribunal being satisfied that the claimant undertook work for the respondent in the capacity of an employee of the respondent between 9 January 2018 and 18 July 2018 and UPON the Tribunal being satisfied from the evidence that the claimant was wrongfully constructively dismissed because of a fundamental breach of the employee’s contract of employment (being an anticipatory breach when the claimant was informed the respondent did not intend to pay her wages) the Judgment of the Employment Tribunal is that:[1]The claimant’s complaint of breach of contract succeeds. Accordingly the respondent shall pay to the claimant: 1.1. The sum of £381.81 being sums outstanding and contractually due to the claimant in connection with the employment as at 18 July 2018 being: 1.1.1. £138.81 owed to the claimant for the purchase of kitchen equipment and utensils; and 1.1.2. £250 loaned to the respondent by the claimant for utility bills payable at the claimant’s place of work. 1.2. The sum of £125.63 by way of damages for constructive wrongful dismissal.[2]The respondent made an unlawful deduction from the claimant’s wages. The respondent shall pay to the claimant the sum of £1,927.49 being the gross sum due.[3]The claimant is entitled to compensation for holidays accrued but untaken as at 18 July 2018. The respondent shall pay to the claimant the sum of £362.63 being the gross sum due. Case Number: 1810824/2018[4]The total amount payable from the respondent to the claimant is £2,804.56 which sum shall be paid within 14 days of the date recorded below.