Mr M Sae-Sue v KP Thai Restaurant Ltd: 2603423/2019
JUDGMENT
The respondent did not attend. All practicable enquiries were made of the respondent but no reason for non-attendance was forthcoming. The Tribunal considered the file and rule 47 of the Employment Tribunal’s rules and decided to proceed in absence. After considering the evidence and representations from the claimant (the respondent did not provide any) the Tribunal concludes that:[1]The claimant’s referral to the Tribunal for a declaration that the respondent has failed to provide itemised pay statements is dismissed because the claimant withdrew the referral.[2]The claimant was constructively and unfairly dismissed by the respondent. The respondent must therefore pay to the claimant 2.1. A basic award of £7,000; and in addition 2.2. A compensatory award of £7,343.95.[3]The respondent has failed to pay the claimant’s holiday pay and therefore must pay the claimant a further sum of £2,000 gross.