Ms R M Jefford v The Hair Company: 3205523/2022
JUDGMENT
The Respondent failed to attend or to be represented at the hearing. Pursuant to Rule 47 of the Employment Tribunals Rules of Procedure, the Tribunal considered the information available to it and made such enquiries that were practicable before making a determination. The Tribunal is satisfied that Respondent was aware that the matter was listed for hearing and, despite being given an opportunity to explain the failure to attend or to be represented at the hearing, failed to do so. In those circumstances, the Tribunal proceeded with the hearing in the absence of the Respondent. The Tribunal has arrived at the following determinations:[1]The Claimant’s claim for unfair dismissal is upheld.[2]The claim that there was a failure to give a statement of employment particulars is upheld. REMEDY[3]The Claimant is awarded the following amounts in respect of her claim for unfair dismissal.3.1 Basic award of £198.00 calculated as follows: 3.1.1 The Claimant was 19 at the date of dismissal and had completed two years’ service. She was entitled to half a week’s pay for each of her two years of service. The Claimant’s gross pay was £198.00 per week. The total basic award is therefore £198.00.3.2 Compensatory award of £5453.20 calculated as follows:3.2.1 During the period 5 September 2022 to 29 September 2022 the Claimant was paid £316.80 by the Respondent in respect of attendance on her apprenticeship course. The Claimant found four weeks of work from 4 November 2022 doing similar work but at a rate of £68 per week. The Claimant found alternative employment of a different type with effect from 27 March 2023, from when she no longer incurred any further financial loss. 29 weeks’ pay between date of termination of employment on 5 September 2022 and starting new job. 29 weeks’ pay = 29 x £198.00 £5,742.00 Less four week’s pay at £68.00 per week -£272.00 Less money paid to the Claimant in September 2022 -£316.80 £5153.203.2.2 Loss of statutory rights = £3003.2.3 Total compensatory award = £5453.203.3 Failure to give statement of employment particulars 4 weeks’ pay (120 hours @ £6.60) = £792.003.4 Grand total award 3.4.1 The grand total sum of £6443.20 is payable to the Claimant by the Respondent forthwith.