Ms R Brown v Standby Healthcare Ltd: 2502872/2019
REASONS
[1]The claims were served on 11 October 2019. A response was due by 8 November 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 and remedy. I have in the claim form sufficient to find the claims proved on a balance of probability but not to determine the sums to be awarded T M Garnon EMPLOYMENT JUDGE[1]The Claimant obtained a judgment against the Respondent in respect of a claim of unlawful deduction of wages and failure to pay compensation for untaken annual leave under regulation 30 Working Time Regulations 1998. That judgment was sent to the parties on 26 November 2019.[2]The matter was set down for a Remedy Hearing on 10 December 2019 and it came before me. The Claimant represented herself and there was no appearance from the Respondent.[3]I had sufficient information to enable me to make an award in favour of the Claimant. As at the date of termination of her employment, the Claimant had accrued 11 days of untaken holiday in the leave year. This had been confirmed to her in an email from the Case No:2502872/2019 Respondent. The payment due to the Claimant in respect of that untaken holiday was £792. The Claimant has also sustained further losses as a consequence of not having been paid her outstanding leave, which includes losing out on wages of £91 to attend tribunal and travel to the tribunal. I am entitled to award compensation under regulation 30(4) Working Time Regulations 1998 in respect of any loss sustained by the worker which is attributable to the matters complained of. The Claimant claims an additional loss of £100, and I am satisfied that this loss is attributable to the matters complained of in these proceedings.[4]Accordingly, I order the Respondent to pay to the Claimant the gross sum of £892.