Ms M Bouita v Stronghold Global Finance (UK) Ltd: 2200728/2024 and 2217095/2023
JUDGMENT
No response to the claim having been entered the respondent is ordered to pay the claimant:[1]£13,333 in unpaid wages[2]£3,300 for terminating the contract of employment without notice.REASONS
[1]The claimant presented claims to the employment tribunal on 19 January 2024. The claim form shows he had been employed by the respondent fromn1 April 2023 to 3 January 2024 as executive secretary and office manager on a salary of £40,000 per annum. He had not been paid salary for September, October, November or December 2023. On 3e January 2024 he was dismissed by letter without notice. His contract of employment provided for one month’s notice.[2]The claim form was sent to the respondent at the registered office listed at Companies House, 9 Reece Mews, on 28 February 2024. They were told to send a response to the claim on form ET3 by 27 March 2024. They did not.[3]A notice of hearing for 13 May 2024 was sent to the parties on 29 February 2024.[4]The claimant was asked to supply an email address for the respondent and on 30 April the tribunal’s Legal Officer asked the respondent at that email address to state whether they had sent a response. A reply came from Tohib 10.1 Judgment – no hearing - rule 60 February 2018 Iyiola, copied to Sanjay Nath, saying they had not received the claim documents and wanted more time to seek advice of legal counsel. The Legal Officer replied on 2 May that they must be aware of the claim from the notice of hearing and they asked them to state how much time they needed. There has been no further correspondence.[5]The Companies House register shows that the respondent’s registered office was changed on 16 April 2024 to 50 Sloane Avenue. The sole director of the company is shown as Sanjay Nath at 9 Reece Mews. That address has not changed. I am therefore confident that the claim and notice of hearing served on 28 and 29 February will have come to the respondent’s attention.[6]I note too that another former employee of the respondent, Elyes Hachicha, brought claims against the respondent for unpaid wages. The claim was sent to the respondent on 8 January 2024. There was reply. Judge Tinnion gave judgment in default on 28 February, sent to the parties on 11 March. There has been no application to set that judgement aside.[7]I am satisfied that the respondent is aware of the claim and that it is right to enter judgment in default under rule 21. Having regard to the tribunal’s limited resources the final hearing at 2 pm on 13 May has been vacated.[8]Judgement is given for the sums claimed. The claims have presented in time. There was a series of deductions of wages so time does not run against the claimant for the earlier months.[9]I have no information about the claimant’s tax position and have awarded gross sums, but as an when they are paid they should be declared as liable to income tax.[10]There is a complaint of unpaid pension contributions. I have no information as to what those were and the claimant should consult the Pensions Regulator.[11]There is an earlier claim for unpaid wages on the tribunal records, presented 10 December 2023, although there is no sign that the tribunal sent this to the respondent. It duplicates the claim for unpaid wages. That claim is merged in this one and both claim numbers appear on this Judgment.