Miss R McLaren v Caledonian Bar and Caledonian Bar Property Ltd T/a Caledonian Bar: 4104271/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaints of:-(a) Arrears of Pay(b) Holiday Pay due on termination(c) Breach of Contract (notice pay) succeed and that [the respondent shall pay to the claimant the total sum of Three Hundred and Twenty Seven Pounds (£327).REASONS
[1]A copy of the claim form setting out the claimant`s complaint was sent to the respondent on 3 May 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 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 unlawful deduction of wages, the respondent shall pay to the claimant the sum of Twenty Seven Pounds (£27) in respect of unpaid wages for 4.5 hours worked on 12 March 2018, at £7.50, being Thirty Three Pounds and Seventy Five Pence (£33.75) gross and Twenty Seven Pounds (£27) net.(b) In respect of the claimant`s complaints of unlawful deduction of wages, in respect of unpaid annual leave, the respondent shall pay to the claimant the sum of Two Hundred and Four Pounds (£204), in respect of 34 hours, being Two Hundred and Eighty Pounds and Twenty Five Pence (£280.25) for the period from 14 November 2017 to 12 March 2018, at £7.50, being Two Hundred and Fifty Five Pounds (£255) gross and Two Hundred and Four Pounds (£204) net.(c) In respect of the claimant’s complaint of breach of contract for failure to pay notice payoff one week, 16 hours at £7.50 per hour, the respondent shall pay the claimant the net sum of Ninety Six Pounds (£96).(d) The claimant is not entitled to compensation for emotional distress or any other heads of claim.