Miss CS Lopez-Perez v Weedoo Direct International Ltd: 2303570/2019
JUDGMENT
[1]The Respondent made an unlawful deduction from the Claimant’s pay contrary to Employment Rights Act 1996, s. 13; and[2]The Respondent shall pay to the Claimant the sum of £1,012.66.REASONS
[1]The Claimant commenced proceedings on 9 July 2019. The Respondent was given notice of the claim and of hearing by letter from the Tribunal dated 28 August 2019. There is no record Case No: 2303570/2019 on the Tribunal file of a form ET3 having been received. The matter was not disposed of by means of a default judgment. Instead it proceeded to hearing on 19 November 2019. The Claimant attended but the Respondent did not. I heard evidence on oath from the Claimant and determined the claim in her favour. My findings of fact are set out below.Findings of fact
[2]The Claimant commenced employment with the Respondent on or about 11 February 2019. She describes her job as “Admin, making calls, taking orders”. The Respondent supplies products and services to the UK dry cleaning and laundry sector.[3]There was no written contract of employment. I was shown a copy of a job advertisement that indicates that the intended salary was £1,400 gross per month. Her daily rate of pay was, therefore, £46.03.[4]The Claimant’s employment terminated on 9 March 2019, so she was employed for a total of 26 days. The Claimant took 4 days off on an expressly unpaid basis, leaving 22 days in respect of which she was due to be paid.[5]The Claimant was not paid any salary in respect of her period of employment and for that reason is in breach of Employment Rights Act 1996, S. 13.[6]The Claimant is therefore entitled to 22 days of pay at £46.03 per day which is a total of £1,012.66.