Ms T Mclean v Hrafn Shetland Ltd: 4105554/2022
JUDGMENT
[1]the claim under s.23 of the Employment Rights Act 1996 is well-founded and the respondent shall pay to the claimant the sum of Nine Hundred and Thirty- Four Pounds and Fifty Pence (£934.50) as unlawful deductions from wages; E.T. Z4 (WR)[2]the claim under Regulation 30(1)(b) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of Seven Hundred and Fifty-Six Pounds (£756) as a payment in lieu of annual leave;[3]the respondent shall pay to the claimant the sum of Three Hundred and Four Pounds and Fifty Pence (£304.50) as damages for breach of contract (failure to give notice of termination of employment); and[4]the respondent shall pay to the claimant the sum of Eight Hundred Pounds (£800) in respect of the respondent’s failure to provide the claimant with a written statement of her terms and conditions of employment.REASONS
[1]The claimant brought various claims following her summary dismissal from her employment with the respondent on 12 August 2022. Her claim was not defended.[2]On the basis of the terms of the claim form and supporting documentation I am satisfied that the claimant was employed by the respondent Company as a Shop Assistant from 2 June 2021 until 12 August 2022 when she was dismissed summarily.[3]I am satisfied that she is entitled to the following payments: Wages[4]The sum of £934.50, comprising 89 hours worked at £10.50 per hour. Holiday pay[5]The sum of £756, comprising 9 days (8 hours) at £10.50 per hour. Notice[6]The claimant was summarily dismissed. She should have been given one week’s notice which based on average net weekly pay amounts to £304.50. Written statement of employment particulars[7]The claimant was not provided with a written statement of her terms and conditions of employment as she should have been. The award is 2 weeks’ pay in respect of this failure which amounts to £800.[8]The claimant also advised that she had not received a P60 or P45. The Tribunal does not have authority to order the respondent to issue these.