Mrs J Myers v Carers Elite Homecare Ltd: 3313312/2019
JUDGMENT
[1]The Respondents are ordered to pay the additional sum of £395.60 holiday pay as a result of the Respondent calculating the Claimant’s holiday pay at a basic rate rather than her average pay.[2]Pursuant to Rule 76 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, the Claimant is entitled to a ‘Preparation Time Order’ and the Respondents are ordered to pay £99 to the Claimant, given the time the Claimant has spent in preparing for these proceedings and given the fact that the Respondent clearly had no reasonable prospect of defending the case given the above Judgment. _____________________________ Employment Judge Postle Date: ……30.09.19…………. Sent to the parties on: ....18.10.19….. ............................................................ For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 3313312/2019 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs J Myers Respondent: Carers Elite Home Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 18 October 2019, is corrected by adding “The Respondent’s are ordered to pay holiday pay for the year 2017- 2018 of £163.32.” _____________________________ Employment Judge Postle ______________________________ Date: 09.12.19 SENT TO THE PARTIES ON: 09.12.19 ..................................................................................... ...................................................................................... FOR THE TRIBUNAL OFFICE Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case Number: 3313312/2019 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs J Myers v Carers Elite Homecare Limited Heard at: Norwich On: 19 September 2019 Before: Employment Judge Postle Appearances For the Claimant: In person For the Respondent: Was not represented and did not attend AMENDED JUDGMENT[1]The Respondents are ordered to pay the additional sum of £395.60 holiday pay as a result of the Respondent calculating the Claimant’s holiday pay at a basic rate rather than her average pay.[2]The Respondent’s are ordered to pay holiday pay for the year 2017 - 2018 of £163.32.[3]Pursuant to Rule 76 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, the Claimant is entitled to a ‘Preparation Time Order’ and the Respondents are ordered to pay £99 to the Claimant, given the time the Claimant has spent in preparing for these proceedings and given the fact that the Respondent clearly had no reasonable prospect of defending the case given the above Judgment.