Mrs L Brown v Represented by:- In Person Trophies & Gifts Ltd — 2018

Mrs L Brown’s claim was for arrears of pay arising under section 13 of the Employment Rights Act 1996. The tribunal noted that she had been employed by the respondent for about 11 years, that her last payment was made on 31 May 2017, and that she received no monthly payment after that date. It also found that the claim was in time, because she contacted ACAS on 18 September 2017 and lodged her ET1 on 10 October 2017.

The tribunal accepted the claimant’s schedule of amounts due and received up to the end of September 2017. It found that she had been absent sick since 17 August 2017 and was entitled to one month of contractual sick pay, followed by 28 weeks of statutory sick pay. On the figures before it, the tribunal found that 27 weeks of statutory sick pay at £89.35 per week and one week at £92.05 per week were payable.

The respondent’s application to postpone the hearing was refused. The tribunal recorded that the respondent had referred to the withdrawal of solicitors and Mr Sharif’s hospital appointment, but no further explanation or attendance had been provided and there were no exceptional circumstances justifying postponement. The tribunal therefore made a declaration that £23,292.56 was payable to the claimant and ordered payment within 14 days of the judgment.