Ms M Tucker v Mr S Logan T/a The Academy of Professional Celebrants and others: 3203822/2022
JUDGMENT
[1]No Response has been presented by any of the Respondents and the Claimant has applied for a default judgment.[2]I am satisfied that a determination of the claims can properly be made on the basis of the available information including the oral and written evidence of the Claimant herself. There is a Hearing Bundle of 43 pages containing the relevant documents.[3]The claim for unpaid wages SUCCEEDS against the First and Second Respondents who are ordered as a matter of joint and several liability to pay two months’ unpaid salary in the sum of £ 2054.96 calculated gross.[4]The claim for accrued and unpaid holiday pay against the First and Second Respondents SUCCEEDS. Both Respondents are jointly and severally liable for Case Number: 3203822/2022 the payment of £331.95 which represents seven days’ holiday pay owed to the Claimant based on her annual salary of £12,329.76 and a daily rate (working 5 days per week) of £ 47.42.[5]The claim for notice pay SUCCEEDS against the First and Second Respondent. The Claimant was dismissed on 4 April 2022 without notice and is entitled to one week’s notice pay (calculated gross) in the sum of £ 237.11.[6]All the claims against the Third Respondent are DISMISSED. The Third Respondent was not the employer of the Claimant.[7]The Claimant makes an application under Rules 74-79 Employment Tribunal Rules 2013 for payment of her costs. She instructed solicitors for the purpose of and in connection with her attendance at this Tribunal Hearing. I am satisfied that all three Respondents have acted vexatiously and unreasonably in the way in which they have conducted these proceedings by failing to respond to any correspondence or communication from the Claimant, her legal and HR representatives and the Tribunal and thereafter failing to enter a Response or giving any indication that the claims are or are not contested.[8]All three Respondents are therefore held jointly and severally responsible for the payment of the costs of the Claimant’s legal representation in the sum of £813. I am satisfied that this is a reasonable sum.[9]The grand total payable jointly and severally by the First and Second Respondents within 21 days is £2624.02 (2054.96 +331.95 + 237.11)[10]In addition all three Respondents are jointly and severally liable for the payments of the Claimant’s costs of £813. This sum is payable within 21 days.