Claimant v Global Coffee Shops Ltd — 2020

The respondent did not file an ET3 by the deadline of 30 June 2020 and did not seek an extension of time. Employment Judge Nicolle therefore decided the claim could properly be determined without a hearing under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

On the papers, the tribunal found that the respondent had unlawfully failed to pay the claimant wages for the period from 29 January 2020 to 7 February 2020. The tribunal calculated this at a gross daily rate derived from an annual gross salary of £24,000, giving £92.30 per day, and accepted that the claimant had worked 8 days in that period, producing unpaid wages of £738.46.

The tribunal also found that the claimant was entitled to payment in respect of accrued holiday entitlement for her employment between 6 January 2020 and 7 February 2020. On the basis of 28 days' annual holiday entitlement and no holiday taken, the tribunal assessed accrued holiday at 2.5 days, valued at £230.75 on the same daily rate.

The tribunal ordered the respondent to pay the claimant £969.21 in total for unpaid wages and accrued holiday entitlement. It also recorded that where payments are made gross, the claimant is responsible for any applicable tax and employee national insurance contributions.