Mr A Powierski v The Mosaic Spa Company: 1802270/2021
JUDGMENT
[1]The claimant’s complaints of unlawful deduction from wages and Regulation 14 holiday pay on the termination of employment succeed and the respondent shall pay to the claimant the gross sums of: £625 (50 hours at £12.50); and £375 (30 hours’ holiday pay). Case Number:1802270/2021 (A) 2 It shall be for the claimant to account for any tax or national insurance on the sums above. Employment Judge JM Wade 16th June 2021[2]Case No: 1802270/2021 10.15 Certificate of Correction – rule 69 EMPLOYMENT TRIBUNALS Claimant: Mr A Powierski Respondent: The Mosaic Spa Company CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 24 June 2021 is corrected as set out in block type and underlined. Employment Judge Wade Date 13 July 2021 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing.[3]Case Number:1802770/2021 (A) 1 EMPLOYMENT TRIBUNALS Claimant: Mr A Powierski Respondent: The Mosaic Spa Company PRELIMINARY HEARING Heard: BY TELEPHONE (BT MEET ME) On: 16 June 2021 Before: Employment Judge JM Wade Appearances For the claimant: In person For the respondent: No appearance This has been a remote telephone hearing. The final hearing had been notified to the parties with the claim papers as a final video hearing. No response was presented by the return date and the Tribunal wrote to the parties on 2 June confirming that if the claimant provided further information there may be no need for a hearing. On 4 June the respondent uploaded a response form electronically but there was no accompanying explanation of why it was presented late, or seeking an extension of time, nor any other contact to the Tribunal on the file and it was not before me at the start of today’s hearing. The claimant sent an email on 9 June with some information. He had also sought an interpreter for the hearing and I could confirm with him the information on the file in his first language. There is sufficient information on the file for me to give a Rule 21 Judgment (that is where no response has been presented in time). If there is an application to extend time and set aside this Judgment, there will need to be a consideration of the potential merits of any defence. I observe from the respondent’s defence to the claim (found by our clerk after the hearing had commenced) that it is inconsistent with the text message exchanges provided by the claimant in his email. I was also told that the claimant was not provided with written pay slips detailing tax and national insurance contributions – that may or may not be right. JUDGMENT[4]The claimant’s complaints of unlawful deduction from wages and Regulation 14 holiday pay on the termination of employment succeed and the respondent shall pay to the claimant the gross sums of: £625 (50 hours at £12.50); and £375 (30 hours’ holiday pay). Case Number:1802770/2021 (A) 2 It shall be for the claimant to account for any tax or national insurance on the sums above.