Miss HK Chan v Thirtieth Limited — 2023

The respondent did not present a valid response within the time limit, so the Tribunal proceeded under Rule 21. It accepted the claimant's oral evidence, including WhatsApp messages she read out at the hearing, and found that the nursery had closed suddenly on 7 November 2023. On that evidence, and despite the absence of documentary material from the hearing bundle, the Tribunal found that the claimant had been short of pay for 23 hours on an earlier payslip and had also worked 31 hours up to 7 November 2023 for which she was not paid.

The Tribunal held that these facts amounted to an unauthorised deduction from wages and ordered Thirtieth Limited to pay £2,420 gross for the unpaid wages. It also found that the claimant had not been paid her holiday entitlement and ordered payment of £293.70 gross for that element, with the claimant responsible for any tax and national insurance due. The written notice also recorded the Employment Tribunals (Interest) Order 1990, article 12, but no quantified interest award was made in the judgment; the two gross awards together total £2,713.70.