Miss S Ghafoori v Skins Laser Clinic Ltd and others: 3305388/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Watford Employment Tribunals on 17 May 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge R Lewis Date: 23/6/2023[1]The first respondent failed to pay the claimant and is therefore required to pay her unpaid wages for 142 hours of work done in December 2021 and up to 23 January 2022 at the rate of £10.50 per hour. That is a total of £1,491 gross, i.e. before the deduction of income tax and national insurance contributions under the Income Tax (Pay As You Earn) Regulations 2003.[2]The claimant is entitled to 2 weeks’ pay under section 38 of the Employment Act 2002 because at the time of making her claims to this tribunal, the claimant had not been given by the first respondent an up-to-date statement of her terms and conditions such as to satisfy the requirements of sections 1 and 4 of the ERA 1996. The sum payable by the first respondent in that regard is £618.60.[3]The claimant is entitled to compensation within the meaning of section 124(2)(b) of the Equality Act 2010 (“EqA 2010”) in respect of loss of earnings from 24 January 2022 to 22 August 2022 inclusive. That compensation is such sum as the claimant would have received after the deduction of income tax and national insurance contributions from the gross sum of £9,408. All three Case Number: 3305388/2022 2 respondents are liable (jointly and severally; any liability stated below of the respondents is also joint and several) to pay that sum.[4]The claimant is entitled to £6,000 by way of compensation for injury to her feelings within the meaning of section 124(2)(b) of the EqA 2010. All three respondents are liable to pay that sum.[5]Applying section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, because the respondents failed to address the claimant’s grievance in any way, thereby failing to comply with the ACAS code of practice concerning the addressing of grievances, the sums payable under paragraphs 1, 3 and 4 above (which on the basis of current information are in total £16,899) are increased by 25%. That increase is in total £4,224.75.[6]The claimant is entitled by reason of the Employment Tribunal (Interest on Awards in Discrimination Cases) Regulations 1996, SI 1996/2803, to interest on the award made under section 124(2)(b) of the EqA 2010 stated in paragraph 3 above in the sum of £586.65. That sum is payable by all of the respondents.[7]The claimant is entitled by reason of the Employment Tribunal (Interest on Awards in Discrimination Cases) Regulations 1996 to interest on the award made under section 124(2)(b) of the EqA 2010 stated in paragraph 4 above in the sum of £748.27. That sum is payable by all of the respondents.