Miss E Knight v Hrafn Shetland Ltd: 4105557/2022
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 One Thousand, Seven Hundred and Seventy-Six Pounds and Fifty Pence (£1,776.50), 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 Six Hundred and Twenty-Four Pounds and Eighty Pence (£624.80), as a payment in lieu of annual leave;[3]the respondent shall pay to the claimant the sum of Three Hundred and Sixty- Eight Pounds and Fifty Pence (£368.50), 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 Seven Hundred and Thirty-Seven Pounds and Fifty Pence (£737.50), 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 22 October 2021 until 13 August 2022 when she was dismissed summarily.[3]I am satisfied that she is entitled to the following payments: Wages[4]The sum of £1,776.50, comprising 161.5 hours worked at £11 per hour. Holiday pay[5]The sum of £624.80, comprising 7.1 days (8 hours) at £11 per hour. Notice[6]The claimant was summarily dismissed. She should have been given 1 week’s’ notice which amounts to £368.50. 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 £737.50.[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.