Miss K Burton v 001 Hardy Ltd Heard: In Nottingham — 2022

Miss K Burton worked for 001 Hardy Ltd as an administrator/book keeper from 20 January 2021 until 31 May 2022. The respondent did not attend the hearing. Employment Judge Ayre proceeded in the respondent’s absence under Rule 47, heard the claimant’s evidence, and accepted the documents she produced. The tribunal found that she had never been given a written contract or statement of employment particulars and had been offered and dismissed by text message.

On holiday pay, the tribunal found that the claimant had not taken any holiday during her employment and had been prevented from doing so. It accepted her calculations, based on a government website, of £406.25 for 2022 and £1,120 for 2021, and awarded £1,526.25 for accrued but untaken holiday pay on termination. The tribunal also found that the respondent had not paid her notice pay. It held that the 31 May 2022 text from Mr Jack Hardy indicated a one-month notice period, so the claimant was entitled to £870 in notice pay.

The tribunal further found that no written statement of employment particulars had been provided by the time the claim was presented. Because the respondent was a very small business, the tribunal considered it appropriate under section 38 of the Employment Act 2002 to award two weeks’ pay, and it ordered payment of £400 for that failure. The total award was £2,796.25.