Miss J Stockill v Darrin Williams T/a The Black Horse Public House: 2501158/2017

EMPLOYMENT TRIBUNALS

Case No 2501158/2017

Between

Miss J StockillClaimant

Darrin Williams T/a The Black Horse Public HouseRespondent

Before

Employment Judge Hargrove

Date 30 October 2017

REASONS

[1]The claim was served on 29th September 2017. A response was due by 27th October 2017 but none was received I am required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability only or liability and remedy.

[2]I have in the claim form sufficient information to enable me to find all but one of the claims proved on a balance of probability but not enough to determine the sums to be awarded. I also have enough to decide to make an increase under s 38 of the 2002 Act

[3]The law of unfair dismissal is in Part X of the Employment Rights Act 1996 ( the Act ). The common law provides a contract of employment may be brought to an end by reasonable notice. Dismissal without such notice is termed ”wrongful”. Damages for wrongful dismissal are the pay due to the employee during the notice period (see Addis v The Gramophone Company). The law of unlawful deduction from wages is in Part 2 of the Act read together with the National Minimum Wage Act as amended and Regulations made thereunder. The EqA claims are covered by section 18 and 39. However, s92 of the Act requiring a respondent to supply written reasons for dismissal does not apply to a constructive dismissal in my view.

[4]If the respondent attends the remedy hearing, he may be apply to be heard on the issue of remedy, see DH Travel-v-Foster , but should give advance notification to the claimant and the Tribunal of whatever case he plans to put as soon as possible . ------------------------------------------------ TM Garnon Employment Judge Date signed 30th October 2017 SENT TO THE PARTIES ON 31 October 2017 M Charters FOR THE TRIBUNAL OFFICE EMPLOYMENT TRIBUNALS Claimant: Miss J Stockill Respondent: Mr Darrin Williams, t/a The Black Horse Public House Heard at: North Shields On: 24 November 2017 Before: Employment Judge Hargrove Representation: Claimant: Mr D Cassidy, Solicitor Respondent: No attendance, no response entered For unfair dismissal a basic award of £120.

[2]For unlawful discrimination on the grounds of pregnancy or maternity contrary to section 39 of the Equality Act 2010:-2.1 £9,000 for injury to feelings plus interest thereon for 4 months at 8%, £240.

2.2 Loss of earnings for 4 months from 23 March 2018 being the date upon which the claimant would have exercised her right to return to work following maternity leave. 12 weeks at £120 per week amounting to £1,440.

[3]Unlawful deduction from wages in respect of maternity pay for the period of 8 weeks from 27 July 2017 at £117 per week totaling £936.

[4]For failure to provide a statement of terms and conditions complying with sections 1 and 4 of the Employment Rights Act 1996, under section 38 of the Employment Act 2002, 4 weeks pay at £120 per week totaling £480.

[5]The total amount due from the respondent to the claimant is £12,216.