Ms Kayleigh Cowling v Playdays Nursery Grimethorpe LLP — 2023

At the preliminary hearing on 2 June 2023, the Claimant did not attend and had not replied to the Respondent's counterclaim despite being sent notice on 15 March 2023 requiring a response within 28 days. The Employment Judge therefore proceeded under Rules 21, 22 and 25 of the Employment Tribunals (Constitution and Procedure) Regulations 2013 to deal with the counterclaim in her absence so far as was permissible.

Mrs Donna Wright gave oral evidence for the Respondent and referred to documents in the bundle. The tribunal found her evidence cogent and probative. The tribunal found that the Claimant had not worked her notice because of her failure to co-operate in providing evidence justifying absence and her failure to attend disciplinary hearings.

The tribunal accepted that the Claimant was normally paid £9.50 per hour for 20 hours per week and should have worked a 4-week notice period. The Respondent had to pay for 20 hours' cover at £15 per hour, costing £1,200 instead of £760 if the Claimant had worked the notice. The difference of £440 was found to be the loss arising from the Claimant's breach of contract in not working notice.

Judgment was therefore entered for the Respondent on the counterclaim in the sum of £440.