Miss K Bowers v Desire Cakes and Shakes Limited AT A HEARING — 2021

The respondent did not attend. Its application for an extension of time to serve a response was refused, and the case proceeded in its absence under rules 21 and 47 of the Employment Tribunal Rules of Procedure 2013 on the claimant's sworn evidence. The tribunal amended the respondent's title to Desire Cakes and Shakes Limited.

The unfair dismissal claim was dismissed upon withdrawal because the claimant did not have the necessary 2 years' continuous employment. The tribunal also allowed the claim to be amended to include unauthorised deductions from wages, but any claim for £75 allegedly owing from a previous period of employment was dismissed upon withdrawal as out of time.

On the wages claim, the tribunal found that the claimant worked four 5-hour shifts between 15 and 18 October 2020 and was paid £120, leaving £9 unpaid at the applicable National Minimum Wage rate of £6.45 per hour. It also found that she worked 35.5 hours between 19 and 24 October 2020 but was paid for only 21 hours on 19 January 2021. The tribunal declared unauthorised deductions from wages and ordered the respondent to pay £102.53 gross. It further found that no written statement of terms and conditions had been provided and made an additional award of two weeks' pay under section 38 of the Employment Act 2002, calculated as £387, so the total monetary award recorded was £489.53.