Ms Y Kim v Independently CIC: 1402358/2021

EMPLOYMENT TRIBUNALS
Case No 1402358/2021
In PersonClaimantNo appearanceRespondent
Employment Judge SmailIn person for claimantNo appearance for respondentDate 29 April 2022

JUDGMENT

[1]The Claimant contracted as a worker in relation to the Respondent.[2]The Respondent must pay the Claimant for 53.5 hours the Claimant actually worked for the Respondent, at the minimum wage rate (£8.91 an hour).[3]The Respondent is not obliged to pay the Claimant for hours she did not work.[4]By electronic communication dated 3 May 2021, the Respondent acknowledged it had to pay the Claimant for work she had done. Notwithstanding that acknowledgment, the Respondent has not paid the Claimant for the work done. The Respondent has unreasonably resisted that part of the claim and it must pay the Claimant’s preparation time in preparing that part of the case, assessed as 10 hours (@£41 per hour).[5]Accordingly, the Respondent must pay the Claimant within 14 days: i) Unpaid wages in the sum of £476.69; ii) Preparation time in the sum of £410.00; A total sum of £876.69. Case Number: 1402358/2021 2 Employment Judge Smail Date: 29 April 2022 Judgment sent to the parties: 19 May 2022 For the Tribunal Service Case Number: 1402358/2021 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant and Respondent Ms Y. Kim Independently CIC Held at: Exeter by Video On: 29 April 2022 Before: Employment Judge Smail Appearances Claimant: In Person Respondent: No appearance CORRECTED JUDGMENT[1]The Claimant contracted as a worker in relation to the Respondent.[2]The Respondent must pay the Claimant for 53.5 hours the Claimant actually worked for the Respondent, at the minimum wage rate (£8.91 an hour).[3]The Respondent is not obliged to pay the Claimant for hours she did not work.[4]By electronic communication dated 3 May 2021, the Respondent acknowledged it had to pay the Claimant for work she had done. Notwithstanding that acknowledgment, the Respondent has not paid the Claimant for the work done. The Respondent has unreasonably resisted that part of the claim and it must pay the Claimant’s preparation time in preparing that part of the case, assessed as 10 hours (@£41 per hour).[5]Accordingly, the Respondent must pay the Claimant within 14 days: i) Unpaid wages in the sum of £476.69; ii) Preparation time in the sum of £410.00; A total sum of £886.69. Case Number: 1402358/2021 2