Ms C Heerah v Bright Explorers Day Nursery: 2300898/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 08 March 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £2,250.00 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1125.00 gross.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1856.25 gross.[5]The respondent must pay the claimant £5,231.25 in total.[6]The claimant is responsible for any figures owed to HMRC in respect of tax or national insurance contributions.[7]The hearing listed on 08 July 2022 is cancelled. _________________________ Employment Judge Siddall Date: 22 June 2022 Case Number: 2300898/2022 © Crown Copyright 2023 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms C Heerah Respondent: Bright Explorers Day Nursery Limited Heard at: London South (by CVP) On: 2 May 2023 Before: Employment Judge D Wright Appearances Claimant: In person Respondent: Ms V Jimoh, Director[1]The Respondent’s application to set aside the Judgment of EJ Siddall dated 22 June 2022 is allowed. The Judgement is set aside.[3]The Respondent has permission to rely upon the Grounds and Resistance and Counter Claim attached to their ET3.[4]By 4pm 16 May 2023 the parties are to write to the Tribunal with dates to avoid until the end of December 2023. The matter is then to be listed for a hearing before an Employment Judge sitting alone on the first open date after 6 July 2023 with a time estimate of three hours.[5]By 4pm 30 May 2023 the parties are to file at the Tribunal, and serve upon each other, the following:a. Witness statements from anyone giving evidence on behalf of a party. This includes the Claimant herself.b. Any documentary evidence a party seeks to rely upon. This includes text messages and emails or similar along with hard copy documents.c. A schedule of loss[6]The parties are encouraged to engage the services of ACAS in helping them to, at least, narrow the issues before the final hearing.[7]The Claimant’s address be amended for all future communications to: 12 Chalgrove Road, London, N17 0NP Case Number: 2300898/2022 © Crown Copyright 2023 2 of 2 Employment Judge Wright 02 May 2023 Case No: 2300898/2022 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Camille Heerah Respondent: Bright Explorer’s Day Nursery Ltd Heard at: London South, by CVP On: 13 November 2023 Before: Employment Judge Rice-Birchall Representation Claimant: In person Respondent: Ms Jemoh, Director[1]The respondent has made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant £846.14 (gross). The claimant will be responsible for the payment of any tax and/or national insurance.[2]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant for holidays accrued but untaken on the date of the termination of the claimant’s employment. The respondent shall pay to the claimant £592.30. The claimant is responsible for paying any tax and/or national insurance.[3]The claimant’s complaint of breach of contract in relation to notice pay is not well founded and is dismissed.[4]The respondent’s counter-claim succeeds and the claimant is ordered to pay to the claimant £1000.