In person For the v Garde Ltd — 2022

This was a Rule 21 judgment because the respondent had not entered a response in time. The claimant attended in person and the case was heard by Employment Judge French at Watford on 30 March 2022.

The tribunal upheld the claimant’s holiday pay claim under the Working Time Regulations 1998 and awarded £1,384.50. It also upheld the claimant’s breach of contract claim for notice pay and awarded £461.50. In addition, the tribunal found that the claimant should have been paid a total final payment of £2,332.30, made up of holiday pay, notice pay, and two weeks’ furlough pay of £486.30 for 1 to 15 July 2020 before notice was given on 16 July 2020.

The tribunal further recorded that the respondent had failed to provide the claimant with written particulars of employment and made an award of two weeks’ pay under s38 of the Employment Act 2002, quantified at £1,000.00. The respondent had already paid £1,235.47, which was offset against the sums due. The resulting award ordered against the respondent was £2,096.83 gross, subject to any national insurance and tax due.