Miss G Daniels v DTMC Products Limited — 2024

This was a Rule 21 judgment issued by Employment Judge Brace at Cardiff (by CVP) on 8 July 2024, the respondent DTMC Products Limited having failed to enter a response or attend. The claimant, Miss G Daniels, was permitted to amend her claim to include notice pay and accrued but untaken holiday pay.

On the notice pay claim, the Tribunal found that, in the absence of a response, it was not established that the respondent was entitled to dismiss without notice; the summary dismissal therefore amounted to a fundamental breach of contract, and the claimant was awarded £2,166.67 (gross) representing one month's notice. On the unlawful deduction from wages claim, the Tribunal found that wages were properly payable to the claimant for the period 15 June to 19 July 2023, as she was available for and did undertake work, and awarded £2,000 representing four weeks' pay.

On the holiday pay claim, the Tribunal held that the claim for 30 days' accrued annual leave was not well-founded because the claimant had only been employed for two months and had not accrued that entitlement; however, a pro-rated claim for one week (5 days, calculated as 2/12 x 30) was well-founded, and the claimant was awarded a further £500. The claimant was noted as responsible for any tax and National Insurance on the wages and holiday pay sums.