Mr L Jaszczuk v Hungry Hideout Ltd: 1804266/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Leeds Employment Tribunals on 8 July 2023. The respondent has failed to present a valid response on time.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £280 gross. .[3]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £280 gross.[4]The respondent fail to give the claimant a written statement of employment particulars and the respondent must pay the claimant the sum of £560 gross.[5]The claim for a redundancy payment is dismissed as the claimant did not have the required two years service.[6]The respondent must pay the claimant £1190 in total. JUDGMENT having been sent to the parties on 26 September 2023 and written reasons having been requested in accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure 2013, the following reasons are provided:REASONS
[1]The claim was presented to the Employment Tribunal on 8 July 2023. Notice of the claim and notice of the video hearing on 21 September 2023 was sent to the parties on 27 July 2023.[2]The notice of claim and notice of hearing was served on the respondent at its registered office on 27 July 2023.[3]The respondent did not provide a response.[4]A letter was sent to the parties on 6 September 2023 indicating that the respondent had failed to present a response and that a judgment could be issued under rule 21.[5]Mark Healey sent an email to the Tribunal on 17 September 2023 indicating that he was surprised to receive a rule 21 judgment and asking to be able to put over his side of the story.[6]A link to the CVP hearing on 21September 2023 was sent to Mark Healey on the morning of the hearing.[7]The claimant attended the video hearing. There was no attendance on behalf of the respondent.[8]I heard evidence from Lukasz Jaszczuk, the claimant, with the assistance of an interpreter, Mr Weclawwiak[9]The claimant had been employed by the respondent as a Pizza Chef from 1 November 2022 to 12 March 2023.[10]The claimant was paid £280 per week.[11]He was not paid for his last week of working for the respondent and he was not paid for five days annual leave £280.[12]There was a failure to provide the claimant with a written contract of employment and I ordered the respondent to pay the claimant two weeks’ pay pursuant to section 38 of the Employment Act 2002.[13]I considered the evidence from the claimant and accepted that there had been a failure to pay wages unauthorised deduction from wages of £280. The claimant had not been paid for five days annual leave £280 and he had not been provided with written statement of terms and conditions of employment.[14]The respondent was aware of the hearing but did not attend.