Mrs L Whileman v Cornerstone Care Management Ltd and Ms Helen Mellor T/a Individual Homecare Services: 1811282/2018
JUDGMENT
The claims against the Second Respondent are dismissed following a withdrawal by the Claimant. The claims against the First Respondent will proceed to hearing on 6th January 2020. Employment Judge Little Dated: 23rd October 2019 Case No: 1811282/2018 1 EMPLOYMENT TRIBUNALS Claimant Mrs L Whileman Respondent: Cornerstone Care Management Limited HELD AT: Sheffield ON: 6 January 2020 BEFORE: Employment Judge Little REPRESENTATION: Claimant: In person (Support Through Court volunteer present) Respondent: Mr M Moomba (Director) JUDGMENT My Judgment is that:-[1]On the balance of probabilities, the effective date of termination of the claimant’s employment with the respondent was 28 November 2018.[2]The complaint of unauthorised deduction from wages succeeds because the claimant was not paid for the last six weeks of her employment (19 October 2018 to 28 November 2018) and with her weekly pay being £156.60, the sum of £939.60 has been deducted (by non-payment) without authorisation.[3]The claimant was wrongfully dismissed because on dismissal she was neither given notice nor a payment in lieu. I find that her contractual entitlement to notice pay was four weeks and accordingly damages are assessed at £626.40.[4]The complaint in respect of holiday pay succeeds. As the claimant had taken no holidays during her 14 weeks employment, she had accrued 8.15 days holiday and so is entitled to a payment in lieu of those holidays in the amount of £181.82. Case No: 1811282/2018 2[5]It follows that the total sum now due to the claimant is £1747.82 and the respondent is to make payment of that amount to the claimant forthwith.