Miss R White v Georgia Rose Residential Care Limited — 2021

The tribunal dealt with the claim on the papers under rule 21 after the respondent failed to present a valid response on time and neither party attended the CVP hearing. The claimant’s claim form said the care home closed on 8 September 2021 and that she had not been paid notice, redundancy pay or holiday pay. No further supporting documents were filed, and no breakdown of the claim was provided by the claimant by the hearing date.

On notice pay, the tribunal found there was no written contract in evidence. In the absence of express agreement, it held that reasonable notice should be the same as statutory minimum notice for the claimant’s role as a carer. It concluded that she was entitled to 3 weeks’ notice and that the respondent breached contract by not giving that notice on termination. Using the claimant’s monthly gross pay of £1,601, equivalent to £369.46 per week, the tribunal awarded £1,108.38 gross damages.

On redundancy, the tribunal found the claimant was entitled to statutory redundancy pay. It recorded that she was aged 30 at termination and therefore entitled to 3 weeks’ pay, calculated at the same weekly rate of £369.46, producing an award of £1,108.38. The holiday pay / unauthorised deduction claim was dismissed because the claimant had provided no evidence of the amount of annual leave accrued but untaken at the date of termination.

The tribunal stated that the total sum payable by the respondent was £2,216.76.