Mrs Y Akhtar v Nurtix Curae Ltd (In Receivership): 1304263/2024
JUDGMENT
On hearing from the Claimant and with no attendance for the Respondent:[1]The Respondent did not submit a defence to the claim and is therefore barred from the proceedings under rule 22 of the Employment Tribunal Rules 2024 except to received decisions, judgments and notices of hearing.[2]The Claimant was a worker and employee of the respondent in accordance with section 230 of the Employment Rights Act 1996.[3]The Claimant was an employee at common law and her employment terminated on 25 April 2024.[4]The Claimant worked irregular hours on any day of the week with a leave year of 1 April – 31 March.[5]All claims are in time. The Claimant was subjected to a series of wage deductions by the Respondent from 25 October 2023 the last one becoming payable on 25 April 2024.[6]The Claimant’s claim for unpaid wages in breach of section 13 Employment Rights Act 1996 succeeds. She is owed £5,330.90 gross (511.602 hours x £10.42 per hour) payable by the respondent.[7]The Claimant’s claim for statutory annual leave (1 April 2023 – 31 March 2024) under Regulation 30 of the Working Time Regulations 1998 succeeds. The Claimant is owed £3,676.18 gross (5.6 weeks x average weekly pay £656.46) payable by the respondent. Case Number: 1304263/2024[8]The Claimant’s claim for contractual holiday pay of 5.15 days succeeds. The Claimant is owed £482.97 gross (5.15 days x £93.78 average daily pay) payable by the respondent.[9]Total compensation payable to the Claimant in this judgment £9,490.05 gross.[10]The Respondent must pay tax and national insurance on the above compensation payment at source in the usual way. If the Claimant receives a gross payment from the respondent, she has informed the tribunal she will account to HMRC for any income or other tax due. Judgment approved by: