Mr W Mandinyenya v Linburg Touring (Sales) Ltd and Coach Pro UK Ltd: 1802140/2023 and 1802141/2023

EMPLOYMENT TRIBUNALS
Case No 1802140/2023, 1802141/2023
Between
In personClaimantDid not attend NOTE The Claimant attended the hearing and gave oral evidence. Both Respondents had presented ET3 responses. Neither attended the hearing. Notice of the hearing was sent at the same time as the claim was served, so it is clear that they must have received it. The Tribunal attempted to contact them but was not successful. I decided to proceed in their absence. The contents of their responses were taken into account.Respondent
Before
Employment Judge DaviesIn person for claimantNot represented for respondentDate 21 June 2023

JUDGMENT

[1]Linburg Touring (Sales) Ltd is substituted as the correct Respondent to claim 1802140/2023. That claim is dismissed because Linburg Touring (Sales) Ltd did not employ the Claimant.[2]Coach Pro UK Ltd is substituted as the correct Respondent to claim 1802141/2023. It accepts that it employed the Claimant.[3]The Claimant’s claim of unauthorised deduction from wages against Coach Pro UK Ltd is well-founded and succeeds. Coach Pro UK Ltd shall pay the Claimant £1050 (seven days’ pay from 17 January 2023 to 25 January 2023 inclusive at the rate of £14.50 per day for ten hours per day).[4]The Claimant is responsible for the payment of any tax or National Insurance due on that sum. Employment Judge Davies 21 June 2023 Case Numbers: 1802140/2023,1802141/2023 1 EMPLOYMENT TRIBUNALS Claimant Respondents Mr W Mandinyenya 1. Linburg Touring (Sales) Ltd 2. Coach Pro UK Ltd Heard at: Leeds by CVP On: 21 June 2023 Before: Employment Judge Davies Appearances Claimant: In person Respondents: Did not attend NOTE The Claimant attended the hearing and gave oral evidence. Both Respondents had presented ET3 responses. Neither attended the hearing. Notice of the hearing was sent at the same time as the claim was served, so it is clear that they must have received it. The Tribunal attempted to contact them but was not successful. I decided to proceed in their absence. The contents of their responses were taken into account.[1]Linburg Touring (Sales) Ltd is substituted as the correct Respondent to claim 1802140/2023. That claim is dismissed because Linburg Touring (Sales) Ltd did not employ the Claimant.[2]Coach Pro UK Ltd is substituted as the correct Respondent to claim 1802141/2023. It accepts that it employed the Claimant.[3]The Claimant’s claim of unauthorised deduction from wages against Coach Pro UK Ltd is well-founded and succeeds. Coach Pro UK Ltd shall pay the Claimant £1050 (seven days’ pay from 17 January 2023 to 25 January 2023 inclusive at the rate of £14.50 per day for ten hours per day).[4]The Claimant is responsible for the payment of any tax or National Insurance due on that sum. Employment Judge Davies 21 June 2023 Case Numbers: 1802140/2023,1802141/2023 1 EMPLOYMENT TRIBUNALS Claimant Respondents Mr W Mandinyenya 1. Linburg Touring (Sales) Ltd 2. Coach Pro UK Ltd Heard at: Leeds by CVP On: 21 June 2023 Before: Employment Judge Davies Appearances Claimant: In person Respondents: Did not attend NOTE The Claimant attended the hearing and gave oral evidence. Both Respondents had presented ET3 responses. Neither attended the hearing. Notice of the hearing was sent at the same time as the claim was served, so it is clear that they must have received it. The Tribunal attempted to contact them but was not successful. I decided to proceed in their absence. The contents of their responses were taken into account.[1]Linburg Touring (Sales) Ltd is substituted as the correct Respondent to claim 1802140/2023. That claim is dismissed because Linburg Touring (Sales) Ltd did not employ the Claimant.[2]Coach Pro UK Ltd is substituted as the correct Respondent to claim 1802141/2023. It accepts that it employed the Claimant.[3]The Claimant’s claim of unauthorised deduction from wages against Coach Pro UK Ltd is well-founded and succeeds. Coach Pro UK Ltd shall pay the Claimant £1050 (seven days’ pay from 17 January 2023 to 25 January 2023 inclusive at the rate of £14.50 per day for ten hours per day).[4]The Claimant is responsible for the payment of any tax or National Insurance due on that sum.