Mrs P Nakhle v Crossway Consultants International Ltd: 3201811/2023
JUDGMENT
[1]The respondent did not present a response to the Tribunal and did not make an application for an extension of time to present such a response (rules 16 and 20 of the Employment Tribunal Rules of Procedure 2013, respectively).[2]The claimant did not attend the hearing. The Tribunal made enquiries of the claimant by telephone and email but did not receive a response. The Tribunal proceeded with the hearing in the absence of the claimant, in accordance with rule 47 of the Employment Tribunal Rules of Procedure 2013.[3]The Employment Judge decided on the available material (claim form and documents attached to the claimant’s email of 20 January 2024) that a determination of the claim could properly be made pursuant to rule 21 of the Employment Tribunal Rules of Procedure 2013.[4]The respondent made an unlawful deduction from the claimant’s wages on 24 August 2023 by failing to pay the claimant for the month that she had worked. The respondent is ordered to pay to the claimant the gross sum of £2166.67 in respect of the amount unlawfully deducted.[5]The respondent breached the claimant’s contract of employment by not paying the claimant’s expenses. The respondent is ordered to pay to the claimant: Case Number: 3201811/2023a. The net sum of £240 for the CIPD course.b. The gross sum of £120 for one month’s expenses working on a fully remote basis, as set out in the contract of employment. There was no evidence to support any additional claim for expenses.[6]The respondent breached the claimant’s contract of employment by not paying the claimant for her one week’s notice period. The respondent is ordered to pay to the claimant the gross sum of £500.[7]The claims for nursery fees and for damages for stress are not within the jurisdiction of the Employment Tribunal and are dismissed.