Miss B Bell Gam v Stephen Spence: 2302691/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claimant was at all times an employee of the Respondent (and not of the limited company known as Spence Estates Limited).[2]The Respondent having submitted no response to the claim, the Claimant succeeds in her claims against the Respondent of:a. Breach of contract (underpaid wages, unpaid commission, unrecompensed expenses and pay for her notice period);b. Unlawful deduction from wages (underpaid wages and holiday pay). Case No: 2302691/2019[3]The Claimant is also entitled to an award of four weeks’ pay under s38 Employment Act 2002 in relation to the Respondent’s failure to give her written particulars of employment.[4]The Claimant is entitled to the following sums in compensation:a. £5546 in respect of net loss of earnings at £2500 per month (gross) from 27 March 2019 to 27 June 2019;b. £500 in respect of earned but unpaid commission;c. £400 in respect of incurred but unpaid expenses;d. £457 in respect of one week’s statutory notice;e. £1520 in respect of accrued but unpaid holiday; andf. £2152 in relation to the Respondent’s failure to provide her with written particulars of employment (applying a maximum amount of a week’s pay of £538 under s38 (6)(b)).[5]The total payable to the Claimant by the Respondent is therefore £10,575.00 .