Miss J Johnstone v Quantum Staffing Solutions Ltd: 6005990/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure.[1]The respondent has made unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £2,884.60, calculated as follows:a. unpaid wages 1/5/24 to 7/6/2024 = 5 weeks. Net monthly pay = £2,500.00.b. £2,500.00 x 12 divided by 52 = £576.92 per weekc. £576.92 x 5 = £2,884.60[2]This is a net sum, and the respondent is to account to HMRC for any tax and national insurance due upon it.[3]When the proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The Respondent is ordered to pay to the claimant an award under section 38 of the Employment Act 2002, which the tribunal assesses at 4 weeks’ gross pay, (based on a gross salary of £43,000 per annum, but capped at £700 per week) which is £2,800.00 and which is not taxable.[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the net sum of £1,730.76 (statutory notice pay of 1 week’s net pay plus the agreed additional payment for “gardening leave” of 2 weeks’ net pay). This is a net sum, and the respondent is to account to HMRC for any tax and national insurance due upon it.[5]No award has been made for unfair dismissal because, according to the claim form, the claimant does not have the necessary qualifying service of two years. The claimant was given the opportunity to make representations in writing or to request a hearing as to why such claims could proceed, but has failed to persuade the tribunal that she had the necessary qualifying service.[6]Consequently, the respondent must pay the claimant the sum of £7415.36 in total.[7]The claimant is responsible for accounting to His Majesty’s Revenue & Customs for any tax and national insurance due upon any gross sums (save under para. 3) she receives.[8]The hearing listed on 10 June 2025 is cancelled.