J Barnes v Grand Pacific CRO UK Ltd: 2502548/2023
JUDGMENT
[1]The claim for arrears of pay consisting of unpaid wages and holiday pay is well founded and succeeds.[2]The Respondent is ordered to pay to the Claimant the gross sum of £6,762.50 in respect of unpaid wages.[3]The Respondent is ordered to pay to the Claimant the gross sum of £149.13 in respect of untaken, accrued holiday pay.[4]The total amount to be paid to the Claimant is £6,911.63.REASONS
[5]Proceedings were on the Respondent’s registered office, with a response date of 29 December 2023. No response was returned.[6]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[7]The Claimant wrote to the Tribunal, on 09 January 2024 providing essential information relating to her complaint. She had been employed by the Respondent from 25 October 2022 to 18 August 2023 as a Senior Start-Up Specialist on a gross monthly salary of £3,750.[8]She was paid at the end of May only half of the salary that was properly payable to her for that month. She was not paid at all at the end of June in respect of that month. On 12 July 2013, the Respondent paid her the balance for the month of May. On 14 July 2023, the Respondent paid her £3,550 gross in respect of the month of June, leaving a shortfall for June of £200 gross. Case Nos:2502548/2023[9]On her next payday at the end of July, the Respondent failed to pay her any salary in respect of that month. The gross amount properly payable on that occasion was £3,750.[10]The Claimant submitted her resignation with a termination date of 18 August 2023. However, at the end of August, the Respondent had not paid her the amount due to for August, namely £2,812.50.[11]As at the 18 August 2023, the Claimant had accrued 17.5 days annual leave. She had taken 14 days annual leave, leaving a balance of 3.5. At a daily rate of £42.61, the Claimant was entitled to a payment of £149.13.[12]I was satisfied that I had sufficient information to issue a judgment under rule 21 of the ET Rules.