Case No 2500159/2019Venue NORTH SHIELDSHearing 30 April 2019
Between
Ms L EllisClaimantStart Energy LtdRespondent
Before
Employment Judge GarnonDate 30 April 2019
JUDGMENT
[1]The name of the respondent is amended to that shown above without the need for re-service.[2]The claim of unlawful deduction of wages is well founded. I order the respondent to repay to the claimant £1278.90 gross of tax and National Insurance.[3]The claim of breach of contract is well founded. I order the respondent to pay to the claimant damages of £365.38 gross of tax and National Insurance.
REASONS
[1]The claimant was employed under a written contract commencing 30 October 2018 which provided for termination on one weeks notice in the first six months. It was terminated by the respondent without notice on 22 November 2018. The claimant was not paid for any of the 17.5 days she had worked. Her salary was £19000 per annum for a five day week, giving a daily rate of £73.08 and weekly rate of £365.38.[2]Amendment to the respondent’s name to add the word “Limited” without the need for re-service in my view does no injustice . The claim was validly served on 4 March 2019 at its registered office. A response was due by 1 April 2019 but none was received.[3]The law relating to unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 At common law, a contract of employment may be brought to an end only by reasonable notice and, if it is not given, damages are pay for the notice period. Due to recent changes in taxation rules such sums are now awarded gross of tax.. TM Garnon