O Kotwoska v The Baguette Deli Ltd: 6014677/2024 and 6004119/2024
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22(1) The respondent having failed to attend the hearing or defend the claim (6014677/2024) or defend the claim (6004119/2024):a. discretion is not exercised to postpone the hearing;b. the respondent has failed to make any application for any extension of time to defend the claims which complies with rule 21 of the Employment Tribunal Procedure Rules 2024 and an extension of time is refused;c. the claimant’s complaint of unfair dismissal having been struck out by judgment of EJ Joffe;d. a determination can properly be made of the claims in accordance with rule 22 of the Procedure Rules.(2) The claimant’s complaint of breach of contract is well-founded. The respondent shall pay the claimant £402.50 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.(3) The claimant’s complaint of unauthorised deduction from wages is well- founded. The respondent made an unauthorised deduction from the claimant’s wages for the period 1 May 2024 to 13 June 2024 in failing to pay the claimant her sick pay entitlement. The respondent shall pay the claimant £700.50 which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Case No: 6014677/2024 & 6004119/2024(4) The respondent is therefore ordered to pay the claimant the total sum of £1,103.00 (£402.50 + £700.50). Tribunal Judge Peer acting as an