Miss D Purchase and Others v Sinatra’s Bars and Clubs Ltd: 1601365/2019 and Others
JUDGMENT
In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claim(s):• Unfair Dismissal• Disability Discrimination• Breach of Contract• Unpaid Wages This judgment applies to liability only. Case Number: S7.1 2 The matter will now proceed to a hearing on remedy, before an Employment Judge sitting alone, with a time estimate of one hour. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. _________________________________ Employment Judge Harfield Dated: 16 September 2019 JUDGMENT SENT TO THE PARTIES ON 7 October 2019 ………………………………………………. ………………………………………………. FOR THE SECRETARY OF EMPLOYMENT TRIBUNALS Case Numbers: 1601365 / 2019 1601366 / 2019 1601367 / 2019 1601368 / 2019 1601369 / 2019 1601370 / 2019 1601371 / 2019 1601372 / 2019 1601373 / 2019 1601374 / 2019 1601375 / 2019 1601376 / 2019 1601377 / 2019 1601378 / 2019 1601379 / 2019 1601380 / 2019 1 EMPLOYMENT TRIBUNALS Claimant: Miss D Purchase and Others Respondent: Sinatra’s Bars and Clubs Ltd(1) Four Winds Restaurant Ltd(2) Heard at: Swansea On: 24 January 2020 Before: Employment Judge R L Brace Representation: Claimant: In person Ms T Davies, Miss L Twomey and Mr T Gage did not attend Respondent: R1 did not attend Ms A Brown and Ms C Knox (Directors of R2) JUDGMENT[1]The Rule 21 judgment entered on 16 September 2019 against the first respondent, Sinatra’s Bars and Clubs Ltd (R1), is revoked on the basis that it is in the interests of justice to do so.[2]The claims against R1 are not well-founded and are dismissed.[3]The claims in respect of breach of Regulation 14(2) of the Working Time Regulations 1998 against the Four Winds Restaurant Ltd (R2) are not well-founded and are dismissed. Case Numbers: 1601365 / 2019 1601366 / 2019 1601367 / 2019 1601368 / 2019 1601369 / 2019 1601370 / 2019 1601371 / 2019 1601372 / 2019 1601373 / 2019 1601374 / 2019 1601375 / 2019 1601376 / 2019 1601377 / 2019 1601378 / 2019 1601379 / 2019 1601380 / 2019 2[4]In respect of the claims brought under section 13 Employment Rights Act 1998, with regard to the individual claimants, judgment by consent was given as follows: Miss D Purchase - 1601365 / 2019a. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.b. R2 is ordered to pay Miss Purchase £132.84 (18 hours x £7.38 per hour) in this regard. Miss JL Stephens - 1601366 / 2019c. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.d. R2 is ordered to pay Miss Stephens £195.75 (25 hours x £7.83 per hour) in this regard. Mrs D Gage - 1601367 / 2019e. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.f. R2 is ordered to pay Mrs Gage £461.97 (59 hours x £7.83 per hour) in this regard. Miss S East 1601368 / 2019g. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.h. R2 is ordered to pay Miss East £78.30 (10 hours x £7.83 per hour) in this regard. Case Numbers: 1601365 / 2019 1601366 / 2019 1601367 / 2019 1601368 / 2019 1601369 / 2019 1601370 / 2019 1601371 / 2019 1601372 / 2019 1601373 / 2019 1601374 / 2019 1601375 / 2019 1601376 / 2019 1601377 / 2019 1601378 / 2019 1601379 / 2019 1601380 / 2019 3 Miss A Webb - 1601369 / 2019i. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.j. R2 is ordered to pay Miss Webb £281.88 (36 hours x £7.83 per hour) in this regard. Mr SC Edwards - 1601370 / 2019k. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.l. R2 is ordered to pay Mr Edwards £248.00 (31 hours x £8 per hour) in this regard. Mr E L Francis - 1601371 / 2019m. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.n. R2 is ordered to pay Mr Francis £160.52 (20.5 hours x £7.83 per hour) in this regard. Mr P Coxon - 1601372 / 2019o. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.p. R2 is ordered to pay Mr Coxon £156.60 (20 hours x £7.83 per hour) in this regard. Ms SJ Wheeler - 1601373 / 2019 Case Numbers: 1601365 / 2019 1601366 / 2019 1601367 / 2019 1601368 / 2019 1601369 / 2019 1601370 / 2019 1601371 / 2019 1601372 / 2019 1601373 / 2019 1601374 / 2019 1601375 / 2019 1601376 / 2019 1601377 / 2019 1601378 / 2019 1601379 / 2019 1601380 / 2019 4q. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.r. R2 is ordered to pay Ms Wheeler £195.75 (25 hours x £7.83 per hour) in this regard. Ms M O’Callaghan - 1601374 / 2019s. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.t. R2 is ordered to pay Ms O’Callaghan £101.79 (13 hours x £7.83 per hour) in this regard. Mrs T Davies - 1601375 / 2019u. The claim brought by Mrs Davies for unlawful deductions from wages is not well-founded and is dismissed. Ms S Baker - 1601376 / 2019v. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.w. R2 is ordered to pay Ms Baker £242.73 (31 hours x £7.83 per hour) in this regard. Miss L Twomey - 1601377 / 2019x. In breach of Section 13(1) of the Employment Rights Act 1996, R2 R2 deducted from the claimant’s wages, without their authorisation, one week’s pay.y. R2 is ordered to pay Miss Twomey £117.45 (5 hours x £7.83 per hour) in this regard. Case Numbers: 1601365 / 2019 1601366 / 2019 1601367 / 2019 1601368 / 2019 1601369 / 2019 1601370 / 2019 1601371 / 2019 1601372 / 2019 1601373 / 2019 1601374 / 2019 1601375 / 2019 1601376 / 2019 1601377 / 2019 1601378 / 2019 1601379 / 2019 1601380 / 2019 5 Mr T Gage - 1601378 / 2019z. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay. aa. R2 is ordered to pay Mr Gage £544.00 (68 hours x £8 per hour) in this regard. Ms S Morgan - 1601379 / 2019 bb. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay. cc. R2 is ordered to pay Ms Morgan £238.82 (30.5 hours x £7.83 per hour) in this regard. Miss V Coombes - 1601380 / 2019 dd. In breach of Section 13(1) of the Employment Rights Act 1996, R2 deducted from the claimant’s wages, without their authorisation, one week’s pay. ee. R2 is ordered to pay Miss Coombes £125.28 (16 hours x £7.83 per hour) in this regard. The claimants are responsible for any income tax or employee national insurance contributions that may be due on the sums awarded.