Ms I Opalkova v Juniper Care Ltd: 3314092/2021
JUDGMENT
[1]The application to have the Response struck out is dismissed. _______________________________ Employment Judge G D Davison 2 June 2023 …………………………………………… Sent to the parties on: 3/07/2023 …………………………………………… For the Tribunal J Moossavi ……………………………………………... 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. Parties must be aware that if written reasons are requested a detailed judgment will be issued which will be on the Tribunals’ website to which members of the public have access. Case Number: 3314092/2021 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs I Opalkova v(1) Juniper Care Ltd(2) Caremark Ltd Heard at: Bury St Edmunds (public hearing by CVP) On: 8 July 2024 Before: Employment Judge Laidler Appearances For the Claimant: In person For the Respondent: Not attending or represented (R1) Ms L Badham (Counsel) (R2)[1]Caremark Ltd are removed from these proceedings as a party, the Tribunal being satisfied they had no contractual relationship with the Claimant and she was neither their employee nor worker.[2]The Respondent’s cost application is refused. _____________________________ Employment Judge Laidler Date: 17 July 2024 Sent to the parties on: 20/8/2024 N Gotecha For the Tribunal Office Case Number: 3314092/2021 2 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 Number: 3314092/2021 1 EMPLOYMENT TRIBUNALS Claimant Respondent Iveta Opalkova v Juniper Care Limited Heard at: Bury St Edmunds (via CVP) On: 20 December 2024 Before: Employment Judge Grahame Anderson Appearances For the Claimant: In person For the Respondent: No appearance[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period December 2020, January 2021, February 2021, March 2021 and April 2021. The respondent shall pay the claimant £3,706.15, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[2]The further claim for unauthorised deductions in relation to an alleged agreement to pay an enhanced rate of pay for bank holidays was not presented within the applicable time limit. It was reasonably practicable to do so. The claim is therefore dismissed.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages, alternatively failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment Case Number: 3314092/2021 2 ended. The respondent shall pay the claimant £1,081.46. The claimant is responsible for paying any tax or National Insurance.[4]The claim of unfair dismissal is not well-founded and is dismissed.[5]The respondent refused to permit the claimant to exercise the rights she had under regulations 10(1), 11(1) and 12(1) of the Working Time Regulations 1998. The respondent shall pay the claimant £3,592.58.[6]The complaint that respondent failed to produce relevabnt records in accordance with section 10 of the National Minimum Wage Act 1998 is well-founded. The respondent shall pay the claimant £915.20.[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £3,187.44