Mr S Muhammad v Sweet Tooth Delivery SR6 Ltd: 2500136/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following complaints are well-founded and all succeed:1.1 unfair dismissal;1.2 breach of contract;1.3 unauthorised deduction from wages;1.4 failure to pay an amount due to the claimant under regulation 14(2) or regulation 16(1) of the Working Time Regulations 1998 (holiday pay).[2]The hearing listed on 21 May 2018 shall be converted to a remedy hearing with a time estimate of 2 hours.[3]By not later than 30 April 2018 the claimant shall send to the Tribunal a fully itemised schedule of loss.REASONS
[1]The claimant has failed to attend today’s remedy hearing. A default judgment was entered in favour of the claimant on 29 March 2018 and the claimant was provided with details of the remedy hearing in the body of the default judgment. The claimant has sent to the Tribunal a schedule of remedy, in accordance with the requirements set out in the default judgment, and therefore I am satisfied that the claimant knew about today’s hearing and has chosen not to attend without giving any explanation or good reason to the Tribunal.[2]I note that Employment Judge Johnson has reconsidered the default judgment and the claim for unfair dismissal has been dismissed.[3]From the pleadings and the schedule of remedy it is possible for me to ascertain the amount of the wages which were underpaid to the claimant between May 2017 and December 2017 and the award of £262.02 is made in respect of that period of underpayment. Case Number: 2500136/2018 2[4]As the claimant does not have a valid claim for unfair dismissal, I have not made an award in respect of this claim.[5]It is not possible to ascertain from the information provided by the claimant the amount to be awarded in respect of holiday pay and this is subject to a separate