Miss J Barnard v Gadgets Games and Gifts Ltd: 6000555/2023
JUDGMENT
[1]The Claimant’s claims against the Third and Fourth Respondent are struck out as having no reasonable prospects of success in accordance with Rule 37(1)(a) of the ET Rules 2013 due to the Claimant’s admission that she was never employed by either of these entities.[2]The Claimant’s claim of marriage discrimination is struck out as having no reasonable prospects of success in accordance with Rule 37(1)(a) of the ET Rules 2013 due to the Claimant clarifying her claim was based on her daughter’s marriage to the Second Respondent. Section 13(4) of the Equalities Act 2010 does not permit a claim of associative discrimination on the protected characteristic of marriage. This was the only claim being pursued against the Second Respondent so the only remaining Respondent to this claim is now the First Respondent, the Claimant’s employer. 1 of 2 Case Number: 6000555/2023[3]The Claimant’s claim for unpaid holiday pay, unpaid wages for January, February and March 2023, as well as a failure to pay a statutory redundancy payment remain unaffected by this judgment and will continue.[1]The claim was issued in the Bristol Employment Tribunals on 29 March 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £8,689.32 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £4,923.45.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1,000.32.[5]The respondent must pay the claimant £14,613.09 in total.