Miss J Johnstone v Quantum Staffing Solutions Limited — 2025

The respondent failed to present a valid response on time, so the Employment Judge proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013. On the material before the tribunal, the claimant succeeded on the wages claim: the tribunal found an unauthorised deduction from wages covering the period 1 May 2024 to 7 June 2024, treated as five weeks, and calculated the net sum due by reference to net monthly pay of £2,500 and a weekly figure of £576.92.

The tribunal also found that, when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. It made an award under section 38 of the Employment Act 2002 assessed at four weeks' gross pay, based on a gross annual salary of £43,000 but capped at £700 per week, giving an award of £2,800, stated to be non-taxable.

The claimant further succeeded on the breach of contract claim arising from dismissal in respect of notice. The tribunal awarded net damages of £1,730.76, described as statutory notice pay of one week's net pay plus the agreed additional payment for two weeks' net pay for gardening leave. The unfair dismissal claim did not succeed because, on the claim form and the claimant's written representations, the tribunal was not persuaded that she had the required two years' qualifying service, so no award was made on that claim. The total sum ordered was £7,415.36.