Mr A Procida v London Elizabeth Hotel 2014 Ltd: 2202930/2019
JUDGMENT
[1]The respondent has failed to file ET3 Grounds of Resistance in this case.[2]Having considered the ET1, EJ Wade has decided that a determination of the claim can properly be made without a hearing.[3]The Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is that the respondent has unlawfully failed to pay wages, holiday pay and sick pay to the claimant.[4]Further, the respondent failed to give a statement of employment particulars to the claimant in breach of section 38 of the Employment Act 2002 and, in the absence of any defence, the tribunal considers it just and equitable to award the higher amount of award equal to four weeks’ pay.[5]The tribunal orders the respondent to pay to the claimant:5.1 Wages of £1,715.165.2 Holiday payoff £1,057.485.3 Sick pay of £262.725.4 Four weeks’ pay of £1,050.88 and to account to HMRC for any tax and national insurance due. 4.17 Rule 21 judgment – universal template Case No: 2202930/2019