Mr S Kellett v Massi Ltd (in creditors voluntary liquidation): 1810808/2018
JUDGMENT
The Claimants deduction from wages complaint is struck out.REASONS
[1]By the Orders dated 21st December 2018 the claimant was ordered to provide copies of his pay slips to the Tribunal by 15th February 2019. He has not done so, nor has the Tribunal heard from him and I have concluded he is not actively pursuing his claim. Employment Judge Wade Date: 15/03/19 Respondent: Massi Ltd (in creditors voluntary liquidation) Heard at: Leeds On: 21 December 2018 Before: Employment Judge JM Wade Representation Claimant: In person Respondent: no attendance[1]The claimant’s complaint of breach of contract succeeds. The Respondent shall pay to the claimant the sum of £604.44 in net damages arising from an agreement to pay him £350 per week gross between September and November 2017.[2]The claimant’s complaint in respect of holiday pay outstanding on the termination of employment succeeds and the respondent shall pay to him the net sum of £585.[3]The claimant’s claims in respect of a series of deductions from his wages in the period from 3 November 2017 to his resignation in June 2018 to the effect that the sums recorded on his pay slips as having been paid were not all paid is adjourned to be heard before me on the first available dated in March 2019 with a time estimate of two hours.[1]The claimant attended today and I have heard his sworn evidence. There was no attendance from the respondent. A call to its landline was made, a mobile number for Mr Bianco was given and called, but there was no reply. I continued with the hearing.[2]The claimant started ACAS conciliation on 18 September in respect of sums said to be outstanding when his employment ended on or around 23 June 2018. He presented those complaints on 17 October 2018.[3]I accepted the facts set out in his claim form as proven. There was no attendance from the respondent. After the hearing and judgment had been given Case No: 1810808/2018 I was provided a copy of a letter from a liquidator appointed at a general meeting of the respondent. I have made separate orders in that respect.[4]The claims in respect of unpaid holiday pay and underpayment while working from September to November 2017 were clear. I accepted there was an oral agreement to pay a wage of £350 gross whereas in fact lesser sums were paid. I accepted that accrued holiday which could not be taken due to ill health, and indeed holidays on bank holidays had not been paid on the termination of that employment in June 2018 in accordance with Regulation 14 of the Working Time Regulations 1998.[5]As to the claimant’s claims that payments to him during ill health, and when returning to work working 2, and then 3 days a week between November 2018 and June 2018 were less than those recorded on his pay slips, I did not consider that the calculations were reliable or that there was sufficient time to determine the matter.[6]I have made orders to ensure the case can properly be understood and assessed and have adjourned it to be determined before me.