Mr R Tomlinson v AEM Trading Ltd t/a Estuary Cars: 3200843/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £108.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £705.60.[3]The respondent has failed to provide the claimant with particulars of employment as required under Part I of the Employment Rights Act 1996 and is ordered to pay him 2 weeks’ pay pursuant to section 38 of the Employment Act 2002 in the sum of £216[4]The hearing listed on 25 September 2017 is cancelled.[1]The Claimant was not an employee of the Respondent.[2]The Claimant was a worker within the definition of s.230(3) Employment Rights Act 1996.[3]The Respondent failed to pay the Claimant upon termination for 90 hours accrued but untaken holiday, at a rate of £10.00 per hour. The holiday pay claims succeeds in the sum of £900.[4]The claim for breach of contract fails and is dismissed.[5]The claim for failure to provide written particulars of employment fails and is dismissed.[6]The claim for unauthorised deduction from wages fails and is dismissed.[7]The Claimant has paid fees in connection with this claim. Fees of this nature having been declared unlawful, the sum paid is to be refunded to the Claimant. The details of the repayment scheme are a matter for HMCTS.