Miss L de Jongh v IBA Recruitment Ltd: 4103410/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaint(s) of(a) unfair dismissal(b) failure to pay holiday pay(c) unlawful deduction from wages and(d) breach of contract (notice pay) succeed and that the respondent shall pay to the claimant the sum of:- (a) Eight Hundred and Ninety Two Pounds Fifty Pence (£892.50) in respect of redundancy pay. (b) Two Hundred and Ninety Seven Pounds and Fifty Pence (£297.50) in respect of holiday pay. (c) Seven Hundred and Sixty Five Pounds (£765.00) in respect of unpaid wages. (d) One Thousand, One Hundred and Ninety pounds (£1,190) in respect of notice pay. 4103410/2018REASONS
[1]A copy of the claim form setting out the claimant`s complaint(s) was sent to the respondent on 21 March 2018.[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 she could properly determine remedy as follows:-(a) In respect of the claimant’s complaint of unfair dismissal by reason of redundancy. The respondent shall pay to the claimant the sum of £892.50(b) In respect of the claimant’s complaint of unlawful deduction of wages. The respondent will shall pay to the claimant the sum of £465.00, relating to 90 hours unpaid wages at £8.50 per hour.(c) Failure to pay holiday pay, the respondent shall pay the sum of £297.50, based on one week’s holiday pay at £8.50 per hour.(d) In respect of the claimant’s complaint of breach of contract, the respondent shall pay the sum of £1,190, representing notice pay for 4 weeks’ notice at £8.50 per hour.