Mr R A Flynn v ATW Property Services Ltd: 1600416/2017
JUDGMENT
[1]The claimant’s claim of unlawful deduction of wages is well founded.[2]The respondent is ordered to pay to the claimant compensation on the above claims as calculated below. Unlawful Deduction Of Wages 9 days @ £120.00 per day unpaid salary £1,080.00 gross[3]The claimant is to pay to the respondent £330.00 as a preparation time order to be deducted from the compensation.[4]The respondent shall pay to the claimant the sum of £750.00REASONS
[1]The case was listed today for Final Hearing and the Respondents attended but the Claimant did not. When he was contacted by telephone he said that he was not aware that the case had been listed for Final Hearing today. This is puzzling as he was sent the Notice of Hearing dated 21 June which states in bold the date, and was emailed on 17 August in respect of the issue of the late acceptance of the Respondents ET3 and informed him that the issue would be dealt with as a preliminary issue at the hearing listed for 21 August which again is set out in bold. Accordingly the information has been provided to the Claimant twice. However he states he was not aware of the hearing and has asked for the hearing to be adjourned. In the circumstances I have decided that I will accede to that request and the case will be adjourned to be relisted.[2]There are a number of disputes between the parties not least of which is whether the Claimant was actually an employee or an independent contractor and the amount of time he worked. In those circumstances in Case Number: 1600416/2017 my judgment the time estimate of 1 hour is insufficient and the case will be relisted for 3 hours as soon as the Tribunal is able to do so. The Respondents have been advised to make a note of any expenses and the time they have spent in attending today’s hearing as at the resumed hearing the question will be considered at to whether the Claimant should be ordered to pay any wasted costs and preparation time order or any expenses that have been incurred.