Ms J McLellan v Awesome Burger Ltd: 4106569/2020
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaint(s) of(a) Unauthorised deduction from wages and(b) Outstanding holiday pay Succeed and that the respondent shall pay to the claimant the sum of (a) £2,640 as outstanding wages and (b) £750 as outstanding holiday payREASONS
[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 28 October 2020. 16B(Scot) Rule 21 judgment on liability, remedy to be determined at a hearing[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 but not in respect of the remedy.[4]On the basis of the available material the Employment Judge decided s/he could properly determine remedy as follows:-(a) In respect of the claimant’s complaint of unauthorised deduction from wages the respondent shall pay to the claimant the sum of £2,640.(b) In respect of the claimant’s complaint of outstanding holiday pay the respondent shall pay to the claimant the sum of £750.