Miss Sabina Gajdosova v O My Chai Ltd — 2022

The respondent did not file an ET3, did not attend the hearing, and the tribunal proceeded in its absence under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The claimant relied on wage slips, bank statements, email and WhatsApp messages, and oral evidence. The tribunal accepted that she was an employee of the respondent despite the absence of a written contract.

On the wages claim, the tribunal found that no wages had been paid after 8 December 2021 and that the claimant worked through to 3 January 2022. It accepted the claimant's evidence that she worked 126 hours in the relevant period at £9.00 per hour, and held that the respondent had made unauthorised deductions from wages by failing to pay wages from 6 December 2021 to 3 January 2022. The amount found due was £1,134 gross.

On the written particulars issue, the tribunal accepted the claimant's evidence that she had not been provided with an employment contract or written statement of employment particulars. It therefore awarded additional compensation under section 38 of the Employment Act 2002 at two weeks' pay, amounting to £756. The tribunal did not award four weeks' pay, referring to the size of the business and the length of the claimant's employment.