Mr G Campbell v Nessie Pizza Direct: 4100168/2022
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21 :[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £238.04[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £734.73[3]The respondent has failed to provide the claimant with a written statement of terms and conditions and is ordered to pay the claimant the sum of £985.92[4]The hearing listed for 25 March 2022 is cancelled.REASONS
1 . A copy of the claim form setting out the claimant's complaint(s) was sent to the respondent on 1 4 January 2022.[2]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the respondent was required to enter a response within twenty-eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim.[4]On the basis of the available material the Employment Judge decided he could properly determine remedy as follows: - a) In respect of the claimant's complaint of notice pay the respondent shall pay to the claimant the sum of £238.04 (net) (one weeks’ pay at £238.04), (b) In respect of the claimant's complaint of holiday pay the respondent shall pay to the claimant the sum of £734.73 (gross) (112 hours pay at £6.56), (c) In respect of the claimant’s complaint of failure to provide a written statement of terms and conditions the respondent shall pay to the claimant the sum of £985.92 (gross) (4 weeks’ pay at £246.48).[5]This claim is not one to which the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply.[6]The hearing set down for 25 March 2022 has been cancelled.