Mr J Brooks v Megan Rose Limited — 2023

The claim was determined under rule 21 because the respondent did not present a valid response in time. On the papers, Employment Judge Perry said the claimant’s claim was limited to wages for the period from the start of employment on 4 April 2022 until notification that it had ended on 10 May 2022, together with two weeks’ contractual notice and accrued holiday entitlement.

The tribunal held that the respondent made an unlawful deduction from the claimant’s wages under Part II of the Employment Rights Act 1996, and ordered payment of £1,730.77 gross. It also found that the claimant was dismissed in breach of contract and awarded £692.31 gross as damages for notice pay.

In relation to holiday, the tribunal found the respondent had failed to compensate the claimant for holiday leave that had accrued by the end of employment. The judge noted that no holidays had been identified as taken, calculated entitlement at 2.5 days, and used a gross weekly pay figure of £346.18 based on monthly pay of £1,500 gross, resulting in an award of £173.07 gross.

The tribunal rejected any redundancy payment because the claimant did not have qualifying service. It also stated that no award was made for duplicate complaints that would have resulted in double compensation, and recorded a total award of £2,596.15.