R Richardson v A Harris T/a The Wheel Inn: 3327242/2019
JUDGMENT
The Claimant’s complaint is well founded. The Respondent is Ordered to pay to the Claimant the sum of £460 in respect of holiday pay accrued due to her on termination of her employment. That is pursuant to the Working Time Regulations 1998. The Respondent is further Ordered to pay to the Claimant the sum of £681.40 in respect of the failure to provide the claimant with a written statement of employment particulars. That is pursuant to section 38 of the Employment Act 2002. The total sum the Respondent is Ordered to pay the Claimant is £1141.40.REASONS
[1]The pay slips provided by the Respondent for this hearing are fictitious. They are not contemporary. Pay was weekly not monthly. No hours are recorded. No deductions are shown. They do not reflect payment made. A pay slip is included for December 2019, but the claimant was dismissed on 16/11/19 and did not receive the payment of £525 on 2/12/19. The Respondent is breach of the obligation to provide accurate, itemised pay statements. The Claimant claims holiday pay accrued due on the termination of her employment. She was employed from 29/05/19 to 16/11/19. The average hours per week were 20.75. She worked 5 days per week. She was entitled to £8.21 per hour, the national minimum Case No: 3327242/2019 wage. Her holiday pay entitlement over the period is 56.03 hours, and the payment due to her in lieu of holiday is £460. The Respondent has throughout been in breach of the duty to provide written particulars of employment. Pursuant to section 38 of the Employment Act 2002, the Tribunal is required to increase the award to the Claimant by two and may increase it by four weeks pay. Her weekly pay was £170.35. It is just and equitable to order the higher amount in the light of the Respondent’s failures and omissions. The Respondent did not attend this hearing. The postponement requested by him on the day of the hearing was not granted. Note: This has been a remote hearing. The form of remote hearing was Cloud Video Platform. A face to face hearing was not held in the interests of justice to avoid delay and in accordance with the overriding objective to minimise expenditure on time and costs. Employment Judge Street Dated 14 May 2022[2]JUDGMENT SENT TO THE PARTIES ON 9 June 2021 AND ENTERED IN THE REGISTER S. Bhudia FOR THE TRIBUNAL OFFICE Judgment was given orally. Written reasons will not be provided unless they are asked for within 14 days of the sending of the written record and will be entered on the website if issued.[3]Case No 3327242/2019 EMPLOYMENT TRIBUNALS Claimant: Miss R Richardson Respondent: Albert Harris T/a The Wheel Inn CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 9 June 2021, is corrected as set out in block type showing the date of the Judgment, corrected to 2021 from the incorrect date 2022. Employment Judge Street 29 November 2021 SENT TO THE PARTIES ON 17/12/2021 N Gotecha 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.[4]Case No: 3327242/2019 EMPLOYMENT TRIBUNALS Claimant Rachel Richardson Respondent Albert Harris t/a The Wheel Inn Heard at: Cambridge (by Cloud Video Platform) On: 14 May 2021 Before Employment Judge Street Representation Claimant: Ms Richardson in person Respondent: not present or represented[6]The Claimant’s complaint is well founded. The Respondent is Ordered to pay to the Claimant the sum of £460 in respect of holiday pay accrued due to her on termination of her employment. That is pursuant to the Working Time Regulations 1998. The Respondent is further Ordered to pay to the Claimant the sum of £681.40 in respect of the failure to provide the claimant with a written statement of employment particulars. That is pursuant to section 38 of the Employment Act 2002. The total sum the Respondent is Ordered to pay the Claimant is £1141.40. Summary Reasons The pay slips provided by the Respondent for this hearing are fictitious. They are not contemporary. Pay was weekly not monthly. No hours are recorded. No deductions are shown. They do not reflect payment made. A pay slip is included for December 2019, but the claimant was dismissed on 16/11/19 and did not receive the payment of £525 on 2/12/19. The Respondent is breach of the obligation to provide accurate, itemised pay statements. The Claimant claims holiday pay accrued due on the termination of her employment. She was employed from 29/05/19 to 16/11/19. The average hours per week were 20.75. She worked 5 days per week. She was entitled to £8.21 per hour, the national minimum Case No: 3327242/2019 wage. Her holiday pay entitlement over the period is 56.03 hours, and the payment due to her in lieu of holiday is £460. The Respondent has throughout been in breach of the duty to provide written particulars of employment. Pursuant to section 38 of the Employment Act 2002, the Tribunal is required to increase the award to the Claimant by two and may increase it by four weeks pay. Her weekly pay was £170.35. It is just and equitable to order the higher amount in the light of the Respondent’s failures and omissions. The Respondent did not attend this hearing. The postponement requested by him on the day of the hearing was not granted. Note: This has been a remote hearing. The form of remote hearing was Cloud Video Platform. A face to face hearing was not held in the interests of justice to avoid delay and in accordance with the overriding objective to minimise expenditure on time and costs.