IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL
IN THE MATTER:
MR RICHARD MOTTO
BAY STORES LIMITED t/a PARKSTORES
H G Griffin, Chairman
shall pay to the Claimant a total award of £405.00
Claim Form admitted by the Tribunal on 14 May 2018, the Claimant issued the
wages for work carried out between 30 April 2018 and 5 May 2018;
to give statutory notice to terminate the Claimant’s employment;
to provide itemised pay statements; and
to provide a statement of terms
the Claim Form, the Claimant ticked a box relating to an alleged failure to
provide adequate rest periods. The
Claimant did not particularise this complaint and it is therefore rejected
under the provisions of Article 5(2)(b) of the Employment and Discrimination
Tribunal (Procedure) Order 2016 (“Procedure Order”), that it cannot
sensibly be responded to.
15 May 2018, the Tribunal sent a copy of the Claim Form to the Respondent. The Tribunal’s letter complied
with the provisions of Article 7 of the Procedure Order and notified the
to submit a response;
time limit for submitting a response, being 4 June 2018; and
consequences of failing to submit a response within the given time limit.
Respondent did not file a response to the Claimant’s claims within the
these proceedings are subject to the provisions of Article 12 of the Procedure
12 of the Procedure Order sets out the effect of the non-presentation or the
late presentation of a response. Article
12(b) of the Procedure Order provides that:
“The Chairman or a Deputy Chairman must decide whether on
the available material (which may include further information which the parties
are required to provide), a determination can properly be made of the claim, or
part of it and if so the Chairman or Deputy Chairman must issue a
judgment accordingly; otherwise, a hearing must be fixed before a single member
take from Article 12(b) that if I believe there to be sufficient material
available to make a proper determination in the case, I must do so.
Claim Form sets out the Claimant’s claims clearly and unambiguously and I
am satisfied that there is sufficient material to enable me to make a proper
determination in the case. I am
therefore obliged to do so without calling a hearing.
Respondent failed to pay the Claimant for hours worked from 30 April 2018 to 5
May 2018. The Claim Form details
that the Claimant worked for a total of 25 hours at £7.50 per hour. Damages shall therefore be calculated as
25 x £7.50 = £187.50
The Respondent shall
pay to the Claimant the sum of £187.50 by way of damages for breach of
Wrongful dismissal – failure to give statutory notice to terminate
statutory minimum notice required to be given by an employer to an employee who
has been continuously employed for less than two years is one week. Although the Claimant was employed for only
one week he was entitled to receive his statutory notice.
set out above, the Claimant worked a 25 hour week.
therefore award the Claimant one week’s pay as damages for breach of
contract for the Respondent’s failure to give statutory notice to the
The Respondent shall
pay to the Claimant the sum of £187.50 by way of damages for wrongful
Failure to provide written statement of terms
3 of the Employment (Jersey) Law 2003 (EJL 2003) provides that an employer must
provide a written statement of terms to an employee no later than four weeks
after the employee begins employment.
The Claimant was only employed for one week. The Respondent was therefore not in
breach of this provision on the effective date of termination.
claim that the Respondent was in breach of Article 3 is therefore rejected.
Failure to provide itemised pay statements
51(1) EJL 2003 provides that:
“An employee must be given by his or her employer, at or before
the time at which any payment of wages is made to the employee, a written
itemised pay statement.”
54 EJL 2003 provides that the Tribunal may order the employer to pay
compensation to the employee of an amount not exceeding 4 weeks’ pay.
the Claimant’s extremely short period of employment, I award the Claimant
four hours’ pay (being approximately one day’s work) for the
Respondent’s failure to provide him itemised pay statements.
The Respondent shall
pay to the Claimant the sum of £30 for failing to provide an itemised pay
statement to the Claimant.
Summary of Award
for unpaid wages
for wrongful dismissal
for failure to provide itemised pay statements
Mrs H G Griffin, Chairman
6 June 2018