Ms R Cairns v Home Is Where The Help Is Ltd: 2502332/2019

EMPLOYMENT TRIBUNALS

Case No 2502332/2019

Between

Ms R CairnsClaimant

Home Is Where The Help Is LtdRespondent

Before

Employment Judge Garnon

Date 13 September 2019

REASONS

[1]The claim was presented on 19 July 2019 against “Home Is Where the Help Is ”. A company search reveals a company called “Home Is Where the Help Is Limited” ,which corresponds with the claimant’s Early Conciliation Certificate. No injustice is done by amending to add the word “Limited” to the title of the respondent. The address of its registered office is the same as given by the claimant for service. The claim form sent to that address by post on 1 August 2019 and has not been returned by Royal Mail . No response was presented by the due date of 29 August 2019. An Employment Judge is 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 and remedy. Case Number 2502332/19

[2]The file was referred to me and I declined to issue a judgment under rule 21 because I did not have enough information as to the value claimed. I caused a letter to be sent to the claimant asking for that and she replied fully. I now have in the claim form and that reply sufficient information to enable me to find the claims proved on a balance of probability and to determine the accuracy of the sums claimed. Her monthly gross pay was £2168 . She was not paid her wages for 15 April to 14 May or 15 May to termination , which was without notice. on 1 June .She had not taken 1 week of the holiday to which she was entitled.

[3]The law relating to unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 (the Act) and that relating to compensation for untaken annual leave is in the Working Time Regulations 1998. Both such sums are ordered gross of tax and National Insurance (NI). Dismissal without notice is a breach of contract and damages are the pay due in the notice period, the statutory minimum in this case being 1 week. Due to recent changes in tax law such damages are now ordered gross too

[4]The respondent having not provided the claimant with a standard statement of written terms and conditions of employment pursuant to section 1 of the Act , under section 38 of the Employment Act 2002, I make an uplift of 2 weeks pay TM Garnon