Ms R Harrion v STA Travel Ltd: 1402187/2020
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 17 May 2021 the Tribunal gave the Respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because The Respondent has failed to comply with the Tribunals directions. It has not been actively pursued.[2]The Respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The Respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Smail Date: 16 June 2021 Case Number: 1402187/2020 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant and Respondent Ms Roslyn Harrion STA Travel Limited (in Voluntary Liquidation) Held at: Exeter On: 27 August 2021 Before: Employment Judge Smail Appearances Claimant: Ms A Ballans (Solicitor) Respondent: No appearance In the light of the insolvency position of the Respondent, the Claimant limits her claim to periods when she was not paid the national minimum wage. During those periods she was paid apprentice rates when in fact she was an ordinary employee. The alleged apprenticeship was a sham.[1]It is declared that the Claimant suffered unauthorised deductions of earnings by not being paid the national minimum wage, as follows:-(a) From 4 September 2017 to 1 April 2018 the national minimum wage equated to £210 per week, and therefore the claimant should have received pay in the total of £6,300. In fact, the claimant only received £148.13 per week, a total of £4,443.90. This equates to an underpayment of £1,856.10.(b) From 2 April 2018 to 3 September 2018 the national minimum wage equated to £221.25 per week, therefore the claimant should have received pay in the total of £4,867.50. In fact, the claimant only received £148.13 per week, giving a total of £3,258.86. This equates to an underpayment of £1608.64. Case Number: 1402187/2020 2[2]The Respondent must pay the national minimum wage shortfall of £3,464.74 forthwith.