Mrs S Jabeen v Gill Healthcare Ltd: 2402358/2022
JUDGMENT
The judgment of the Tribunal is:(1) The respondent was in fundamental breach of contract and the claimant constructively unfairly dismissed. The claimant’s claim for unfair dismissal is well founded.(2) The claimant is entitled to a compensation payment for unfair dismissal and the respondent is ordered to pay to the claimant, who was 39 years of age at the effective date of termination, the sum of £1813.53 consisting of a basic award of £369.77 (184.89 x 2) and a compensatory award of £943.76 (loss of earnings 6 to 24 December 2021 12 days @ £36.98 per day and loss of statutory rights £500).(3) The claimant’s claim for unpaid accrued holidays brought under the Working Time Regulations 1998 is well founded and the respondent is ordered to pay to the claimant the sum of accrued unpaid holiday £332.82 (9 days @ £36.98 gross less lawful deductions of tax and national insurance.(4) The claimant suffered an unlawful deduction of wages for the period of 1 to 30 November and 1 to 5 December 2021 and her claim for unpaid wages is well-founded. The respondent is ordered to pay to the claimant the sum of £1,167.21 (85 hours for November and 46 hours December 2021 @ £8.91 per hour).(5) The respondent failed to pay the claimant for holidays taken from 1 September 2019 to 5 December 2021 and the claimant’s claim for unlawful deduction of wages is well founded. The respondent is ordered to pay to the claimant the sum of £2494.80 (280 hours @ £8.91 per hour).(6) The respondent failed to pay to the claimant the National Minimum Wage from 1 April 2020 to 31 March 2021 at £8.72 per hour, and 1 April 2021 to 5 November 2021 at £8.91 per hour and is ordered to pay to the claimant the difference totalling £332.11.(7) The respondent failed to provide the claimant with a statement of terms and condition of employment under section 1 of the Employment Rights Act 1996 and is ordered to pay 4 weeks salary at £184.89 per week totalling £739.56.REASONS
The respondent having failed to present a response to the claimant’s claim within the appropriate period, judgment is entered for the claimant, the Tribunal having heard oral evidence from the claimant under oath and given oral reasons on the day. 31.8.22