Mrs Ramanjeet Dhillon v Now Brow (Clydebank) Ltd — 2017

The respondent did not enter an ET3 response. The tribunal therefore made a Rule 21 judgment on the papers and held that the claimant's complaints of failure to pay holiday pay and unlawful deduction from wages succeeded. It ordered payment of £1,643.44 for holiday pay due and £1,513.00 for shortage of pay, both calculated from the claimant's Schedule of Loss lodged on 10 November 2017.

The remaining matters were not finally determined in this judgment. The tribunal listed the unfair dismissal complaint, the claim for a 25% statutory uplift for alleged non-compliance with the ACAS Code of Practice, and the harassment compensation claim for a final hearing. It noted that the claimant had less than two years' continuous employment and therefore appeared not to have qualifying service for an ordinary unfair dismissal claim under section 108 of the Employment Rights Act 1996, unless she could show a basis for automatically unfair dismissal.

The tribunal required further and better particulars of the automatic unfair dismissal case, the ACAS uplift basis, and the harassment claim, and directed the claimant to file an updated Schedule of Loss and supporting documents before the final hearing. It also observed that the claimant's Schedule of Loss referred to a total claimed award of £78,187.41, including a basic award of £270.13 and a compensatory award of £17,123.36, but those figures were not awarded in this judgment.