Miss C Murray v Home Proud UK Ltd: 3328303/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 On the Respondent, having failed to enter a response pursuant to Rule 21 of the Employment Tribunal Rules of Procedure 2013, the Tribunal finds the Claimant’s claim for arrears of pay well founded. The Claimant does not have sufficient length of service to claim unfair dismissal. The matter will be set down for a hearing to determine remedy, notice of which will be sent to the parties presently. Employment Judge Henry ____________________________ Date: JUDGMENT SENT TO THE PARTIES ON 09/02/18 AND ENTERED IN THE REGISTER ………………………………………………… FOR THE TRIBUNAL OFFICE Case Number: 3328303/2017 1 EMPLOYMENT TRIBUNALS Claimant Respondent Miss C Murray v Home Proud UK Ltd Heard at: Watford On: 28 September 2018 Before: Employment Judge A Clarke QC Appearances For the Claimant: In Person For the Respondent: No attendance JUDGMENT[1]The respondent shall pay to the claimant a sum of £962 in respect of wages for the period 30 May to 28 June 2017.[2]The respondent shall pay to the claimant the sum of £103.42 in respect of accrued holiday pay as at the date of termination of her employment.REASONS
[1]The claimant worked for the respondent from 30 May to 28 June 2017. By a claim form presented on 9 October 2017 she made a claim for unfair dismissal, for unpaid wages, for notice monies and for holiday pay.[2]No response having been received from the respondent judgment was entered under Rule 21 of the Employment Tribunal Rules on 9 February 2018. At the same time the unfair dismissal claim was dismissed by reason of the claimant’s lack of qualifying service.[3]The hearing today was to determine the sums to be paid to the claimant in respect of her claims for unpaid wages, notice monies and holiday pay.[4]The claim for unpaid wages is a claim under Part II of the Employment Rights Act 1996, whereby a failure to pay anything amounts to a deduction. Here, no wages were paid. I am satisfied that the claimant worked for the respondent from 30 May to 28 June and during that period completed 40 hours work. She should have been paid on the basis of a gross wage of Case Number: 3328303/2017 2 £25 per hour. Her loss, after tax, is £962 being the sum that she would have been paid for that period of work. Hence, I award that net sum.[5]The claimant has no entitlement to notice. She had worked for less than one month, hence the statutory minimum period of notice (of one week) provided for by s.86 of the Employment Rights Act 1996 does not apply. Hence, I make no award in respect of notice monies.[6]During the period of work the claimant took no holiday, but did accrue rights to paid holiday under Regulations 13 and 13A of the Working Time Regulations 1998. Hence, at the time of the termination of her employment she was entitled to be paid, in accordance with Regulation 14, in respect of untaken holiday. She had worked for four weeks. The calculation required by Regulation 14 provides for her to receive 0.43 of a week’s pay. That sum is to be calculated by reference to s.242 of the Employment Rights Act 1996, given that there were no normal working hours week on week. Hence, she is entitled to 0.43 of the weekly pay calculated by reference to the £962 which she should have received in respect of the four weeks that she worked. That gives rise to a payment which should be made to her of £103.42. _____________________________ Employment Judge A Clarke QC Date: …08.10.18…………….. Sent to the parties on: ...31.10.18...... ............................................................ For the Tribunal Office Case No: 3328303/2017 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Miss C Murray Respondent: Home Proud UK Ltd RECONSIDERATION JUDGMENT UPON a reconsideration of the judgment dated 31 October 2018 on the Tribunal’s own initiative under rule 73 of the Employment Tribunals Rules of Procedure 2013, and without a hearing, it is found that the claim was served on the wrong address. The claim will be served on the Respondent at the registered office address. _____________________________ Regional Employment Judge Byrne on behalf of Employment Judge Henry 15.04.19