Ms S Hetherington v First Class Homecare Ltd: 2301861/2017

EMPLOYMENT TRIBUNALS

Case No 2301861/2017

Between

Ms S HetheringtonClaimant

First Class Homecare LimitedRespondent

Before

Employment Judge Wallis Date

Date 23 November 2017

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21

[1]The Respondent acted in breach of contract by failing to pay the Claimant, which caused the Claimant to resign;

[2]The Respondent unfairly constructively dismissed the Claimant;

[3]The claim for unpaid wages is well-founded;

[4]The Respondent is ordered to pay the Claimant a basic award of £2,151 and the sum of £300 for loss of employment rights;

[5]The Respondent is ordered to pay the Claimant £7,842.82 (net) unpaid wages;

[6]The Claimant has paid fees in connection with this claim. In R (on the application of UNISON) v Lord Chancellor

[2017] UKSC 51

the Supreme Court decided that it was unlawful for Her Majesty’s Courts and Tribunals Service (HMCTS) to charge fees of this nature. HMCTS has undertaken to repay such fees. In the circumstances I shall draw to the attention of HMCTS that this is a case in which fees have been paid and are therefore to be refunded to the Claimant. The details of the repayment are a matter for HMCTS.