Miss O Grainger v Golden Chef 2 Ltd: 2500806/2020
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 09 November 2020 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because they have not complied with paragraphs 3, 5 & 7 of the Order of the Tribunal dated 30 July 2020.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Authorised by: Employment Judge Martin 7 December 2020 Case Number: 2500806/2020 (V) 1 THE EMPLOYMENT TRIBUNALS Claimant: Miss O Grainger Respondent: Golden Chef 2 Ltd Heard at: Newcastle CFCTC (By CVP) On: 12 March 2021 Before: Employment Judge Newburn Members: Representation: Claimant: In person Respondent: No attendance[1]The Claimant’s claim under Regulation 5 of the Part Time Worker (Prevention of Less Favourable Treatment) Regulations 2000 is dismissed upon withdrawal by the Claimant.[2]The Claimant’s claim of wrongful dismissal (notice pay) is well founded and succeeds. The Respondent is ordered to pay the Claimant damages for breach of contract of £438.19 (being £116.85 a week net x 3 = £350.55; uplifted by 25% under section 207A Trade Union and Labour Relations Act 1992 [‘ACAS uplift’]).[3]The Claimant’s claim of automatic unfair dismissal for reasons relating to the National Minimum Wage contrary to Section 104A of the Employment Rights Act 1996 is well founded and succeeds. The Respondent is ordered to pay the Claimant £1,695.76, consisting of: 3.1. A Basic Award of £175.28; 3.2. A Compensatory Award of £1,520.48 (£1,216.38 uplifted by 25% by way of ACAS uplift). Case Number: 2500806/2020 (V) 2[4]The Claimant’s claim under regulation 30 Working Time Regulations/section 23 Employment Rights Act 1996 in respect of the Claimant’s holiday pay is well founded and succeeds. The Respondent is ordered to pay the Claimant the gross sum of £2,616.51 (being £2,093.21 uplifted by 25% ACAS uplift). This is a gross award and the Claimant shall be liable to the Inland Revenue for any payments of tax and national insurance thereon.[5]The Claimant’s claim of unlawful deduction of wages in respect of the Respondent’s failure to pay National Minimum Wage is well founded and succeeds. The Respondent is ordered to pay the Claimant the gross sum of £2,583.18 (this being £2,066.54 uplifted by 25% ACAS uplift). This is a gross award and the Claimant shall be liable to the Inland Revenue for any payments of tax and national insurance thereon.[6]The Respondent failed to give to the Claimant itemised pay statements in accordance with section 8 of the Employment Rights Act 1996. No award is made in respect of this claim, as the Claimant has received compensation for unlawful deduction of wages.[7]The Claimant is awarded £467.40 this being 4 weeks gross pay pursuant to Section 38 of the Employment Act 2002.[8]This makes a total award of £7,801.04.[9]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply to these awards. Authorised by EMPLOYMENT JUDGE NEWBURN