IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL

 

 

IN THE MATTER:

 

 

BETWEEN

ALAN WILLIAMS

CLAIMANT

 

AND

 

 

J&C DRY LINING CONTRACTORS LIMITED

RESPONDENT

 


 

ARTICLE 12 JUDGMENT


 

 

Reference: TRE[2018]118

 

Before:             Mrs. H G Griffin, Chairman

                                                           

 

JUDGMENT

 

(1)            As a result of no Response Form having been presented on the expiry of the time limit in Article 8 of the Employment and Discrimination Tribunal (Procedure) Order 2016 (“Procedure Order”), the Claimant’s claims are successful.

 

(2)            The Respondent shall pay to the Claimant the sum of £2,160.00.

 

 

THE REASONS

The Claim

 

1.              The Claimant presented his Claim Form on 6 August 2018 for:

a)       wrongful dismissal (failure to give notice);

b)      unpaid holiday pay; and

c)       failure to provide a written statement of employment terms.

No Response

 

2.              No response having been received, the Chairman decided that a determination on this matter could be properly made.  Article 12 of the Procedure Order provides that the Chairman must therefore issue a judgment accordingly.

The Calculations

 

3.              The Respondent employed the Claimant from 25 September 2017 to 8 June 2018.  The Claimant worked 40 hours per week at a rate of £18 per hour.

 

Wrongful dismissal

4.              The Claimant was entitled to receive one week’s notice to terminate his employment.

 

40 x £18 = £720.00

 

5.              The Respondent shall pay to the Claimant £720.00 by way of damages for breach of contract arising from its failure to give statutory notice to terminate the Claimant’s employment.

 

Unpaid holiday pay

6.              The Claimant is entitled to receive payment for accrued but untaken holiday.  He worked five days per week, eight hours per day at £18 per hour and therefore received £144 per day. 

 

7.              The Claimant was entitled to receive 10 days’ annual leave per year.  He was employed for a period of 8 months.

 

8/12 x 10 = 6.66 days (rounded up to the nearest day = 7 days)

7 x £144 = £1,008.00

 

8.              The Respondent shall pay to the Claimant the sum of £1,008 to reflect the Claimant’s accrued but untaken holiday entitlement.

 

Statement of employment terms

9.              The Claimant asserts that he was not provided with a written statement of terms.  Article 7(1)(b) of the Employment (Jersey) Law 2003 provides that the Tribunal may order the employer to pay compensation of an amount not exceeding 4 weeks’ pay in circumstances where it has failed to provide the employee with written terms of employment within four weeks of the commencement of the employee’s employment.

 

10.          In this case the Claimant was only employed for eight months.  An award towards the lower end of the scale is therefore appropriate. 

11.          I award the Claimant three days’ pay as compensation for the Respondent’s failure to provide a written statement of employment terms.

 

£144 x 3 = £432.00

 

12.          The Respondent shall pay to the Claimant the sum of £432.00 by way of compensation for failure to provide a written statement of terms.

Summary of Award

 

Damages for Breach of contract (notice pay)

£720.00

Unpaid holiday pay

£1,008.00

Compensation for failure to provide statement of terms

£432.00

TOTAL AWARD

£2,160.00

 

 

 

 

Mrs. H. G. Griffin, Chairman                                                     Date: 1 November 2018

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Page Last Updated: 01 Nov 2018