D Lewis v Canterbury Po'Boys Ltd: 6002789/2025
JUDGMENT
[1]The claim was presented on 27 January 2025. 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 22 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £897 gross.[3]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £126.50. This is based on the leave year commencing on 1 September 2024 (anniversary of the claimant’s start date) and has been calculated using the following calculation: (55/365 x 5.6) x (13 x £11.50)[4]The respondent did not provide written terms and conditions including in respect of notice period and so the tribunal must uplift the award by two weeks’ pay, £299 (£149.50 x 2), in the absence of exceptional circumstances making that unjust or inequitable.[5]The respondent must pay the claimant £1322.50 in total.[6]Further information is needed to determine the holiday pay claim for the previous leave year and the notice pay claim. Approved by: