Mrs T Wright v The Oxford Aviation Club Ltd: 3300336/2017
EMPLOYMENT TRIBUNALS
Case No 3300336/2017
Between
Mrs T WrightClaimantThe Oxford Aviation Club LtdRespondent
Before
Employment Judge MrMr J Bromige (instructed by counsel) for claimantNot represented for respondentDate 30 April 2018
JUDGMENT
[1]The Respondent failed to attend or to be represented at the hearing. The Employment Judge was satisfied that the Respondent was served with a copy of the notice of hearing and had chosen not to attend or to be represented. The Tribunal decided to proceed with the hearing in the absence of the Respondent. Evidence[2]The Tribunal heard evidence on oath from the Claimant and read documents provided by her. It also read the Respondent’s ET3 response form presented on 11 August 2017. Notice Pay – Breach of Contract – article 3 Employment Tribunals Extension of Jurisdiction (E&W) Order 1994[3]The Claimant was owed notice pay and is awarded £1,289.80 (4 week’s pay at £322.45 per week) in compensation. Holiday Pay – regulation 30 Working Time Regulations 1998[4]The Claimant was owed holiday pay and is awarded £80.61 (½ day’s pay at £161.23 per day) in compensation. Unauthorised Deduction from Wages - section 13 Employment Rights Act[5]The Claimant was owed wages and is awarded £2,418.37 (7½ week’s pay at £322.45 per week) in compensation. Case Number: 3300336/2017 Unnotified Deductions from Wages - section 12(3) and (4) Employment Rights Act 1996[6]This claim was withdrawn at the hearing. Breach of Contract – article 3 Employment Tribunals Extension of Jurisdiction (E&W) Order 1994[7]The Claimant was owed expenses and the Tribunal awarded £32.57 in compensation. Unreasonable Failure to Comply with ACAS Code of Practice – section 207A Trade Union and Labour Relations (Consolidation) Act 2002[8]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Grievances and the Tribunal awarded £955.33 (25% of £3,821.35) in compensation. Failure to Give Statement of Employment Particulars - section 38 Employment Act 2002[9]The Respondent failed to give a statement of employment particulars in breach of the duty under section 1 Employment Rights Act 1996 and the Tribunal awarded £769.20 (2 week’s pay at £384.60) in compensation. Total Award[10]The total of the above awards is £5,545.88 and the Respondent is ordered to pay this sum to the Claimant. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[11]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties.