Miss R Jackson v Grimsargh Village Store Ltd: 2405131/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired and no valid response having been presented, it is the judgment of the tribunal that:[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £280.71, in respect of 40 hours worked but not paid, at the rate of £8.00 per hour gross, a total of £320.00 gross, £280.71 net. The respondent is to account to HMRC for the tax due upon the gross sum.[2]The claimant was dismissed in breach of contract, in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £180.76, in respect of one week’s notice pay. This is a net sum, the gross being £184.00. Whilst the claimant has sought an award of two weeks pay, she was employed for less than two years, and hence her statutory notice entitlement, pursuant to s. 86(1) of the Employment Rights Act 1996 , is only to one week.[3]The respondent has failed to pay the claimant’s holiday entitlement, 8 hours at the rate of £8.00 per hour, and is ordered to pay the claimant the sum of £40.00. This is a gross sum, and should be paid less the appropriate deductions for tax and national insurance.[4]The claimant claimed unfair dismissal, but by letter of 20 October 2017 the Tribunal invited the claimant to show cause why, as she had less than 2 years’ qualifying service, this claim should not be struck out. The claimant has not responded with any representations as to why this claim should not be struck out, nor has she requested a hearing. In the circumstances, her complaint of unfair dismissal is struck out, as the Tribunal does not have jurisdiction to hear it.[5]Any hearing listed is cancelled.