Mr A Smith v Local Home Services Ltd and Ava Volante T/a Vue Window Cleaning: 1600758/2023
JUDGMENT
The judgment of the Tribunal is that the Claimant’s claims are well-founded and succeed namely:[1]Unauthorised deduction from wages: The Respondent made unauthorised deductions from the Claimant’s wages throughout his employment, 22 November 2022 – 17 February 2023, amounting to £3,276.39 gross.[2]Holiday pay: the Respondent failed to pay to the Claimant holiday pay due for 7 days accrued but untaken holiday, as at 17 February 2023, amounting to £595.00 gross.[3]In consequence of the above the Respondent SHALL pay to the Claimant unpaid wages and holiday pay of £3,871.39, subject to tax and National Insurance (the usual statutory deductions). Employment Judge T.V. Ryan Date: 24 October 2023[1]The Claimant having commenced proceedings against both Respondents by a claim form presented on 19 April 2023, the parties agree, and I find, that: 1.1. The Claimant was employed by R2 at the material time (albeit the Claimant was uncertain at the time); Ava Volante is the sole proprietor of the business trading as Vue Window Cleaning and she is liable, and she accepts liability, for any judgment in relation to the Claimant’s employment in the period 22 November 2022 – 17 February 2023; 1.2. R2 owes the Claimant the net sum claimed by him of £2,548.22 by way of unpaid wages and holiday pay; 1.3. Judgment in respect of this claim should therefore be against R2 in that sum in substitution for R1 where the Claimant seeks payment for wages and holiday pay for the said period of employment. On this basis, R1 is not indebted to the Claimant at all.[2]It is therefore necessary in the interests of justice to: Case Number: 1600758/2023 2 2.1. revoke the initial judgment against R1 and 2.2. vary the initial judgment in this claim by including R2 as properly described above (mistakenly omitted in all respects from the initial judgment) and 2.3. Further vary the initial judgment to reflect the agreement of the parties, such that BY CONSENT it is adjudged that R2 shall pay to the Claimant the net sum of £2,548.22 by way of outstanding wages and holiday pay due to him at the effective date of termination of his employment, being 17 February 2023..REASONS
[1]The parties to this application for reconsideration agreed the correct identity of the Claimant’s employer at the material time, in circumstances where he was confused at that time and at the time of presentation of his claim. He presented a claim against both Vue Window Cleaning and Local Homes Services Ltd. as a precaution. All parties to this litigation confirm that the correct respondent to the claim is Ava Volante trading as Vue Window Cleaning.[2]Neither Respondent entered an appearance to the claim or attended the final hearing in October 2023 to clarify the above. It has been clarified today.[3]R2 conceded that she owed to the Claimant the net sum of £2,548.22 on termination of his employment. The Claimant confirmed that this was the net sum he sought to recover by way of unpaid wages and holiday pay.[4]I reconsidered the initial judgment in the interests of justice to reflect today’s agreement of all parties, and R2’s concession, which was accepted by the Claimant.