Miss Marie O’Malley v Eroth-Mitie Property Maintenance Limited and 4 others — 2022

The claim was issued on 14 July 2021. The tribunal held that the correct respondent was Eroth-Mitie Property Maintenance Limited and dismissed respondents 2 to 5 from the proceedings. No valid response was presented in time, no ET3 had been received, and the tribunal proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the material available.

On that basis, the tribunal ordered the respondent to pay the claimant a total of £20,478.96 gross in respect of unlawful deduction from wages, notice pay and unpaid holiday pay. The award comprised £18,175.66 for unpaid wages from January to May 2021, £910.91 for 7 days' notice pay, and £1,392.39 for 10.7 days' holiday pay. The judgment records the underlying calculation by reference to a daily rate of £130.13 and the claimant's employment documentation dated 11 January 2021.

The tribunal also stated that the respondent would be entitled to deduct any tax and employee national insurance contributions due before payment. The claimant sought additional compensation under s.24(2) Employment Rights Act 1996, but the tribunal found there was no evidence to support those claims and that they were not attributable to the matters complained of, so no further sum was awarded.