Mr C Tanti v Wolfco CP One Ltd: 2201393/2020
JUDGMENT
[1]The Respondent has failed to file an ET3 Grounds of Resistance in this case.[2]Having considered the ET1, Employment Judge Adkin has decided that a determination the claim can properly be made without a hearing.[3]The Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is that the Respondent unlawfully deducted the claimant’s wages pursuant to section 13 of the Employment Rights Act 1996, failed to pay notice pay in breach of contract and failed to pay holiday pay. Compensation[4]The Respondent is ordered to pay to the Claimant the following sums:a. £1,350.05 in respect of unlawful deduction from wages (to be paid net of tax and national insurance);b. £2,077.00 notice pay;c. £311.55 unpaid holiday pay (to be paid net of tax and national insurance). ____________________ Employment Judge Adkin Dated: 6 June 2020 Sent to the parties on: Case Number: 2201393/2020 2 of 2 09/06/20 For the Tribunal: OLU Case Number: 2201393/2020 PHCM Order (NEW August 2020) 1 of 6 August 2020 EMPLOYMENT TRIBUNALS Claimant: Mr Constantinos Tanti Respondent: Wolfco CP One Limited RECORD OF A HEARING At: London Central Employment Tribunal Before: Employment Judge Adkin On: 26 February 2021 Appearance: For the Claimant: Ms L Caller, Solicitor For the Respondent: Ms K Entwistle, Director[1]The final hearing will take place at Victory House 30-34 Kingsway London WC2B 6EX on Friday 28 May 2021 at 10am by video-link, with a time estimate of 1 day. Case Number: 2201393/2020 PHCM Order (NEW August 2020) 2 of 6 August 2020 The case will be heard by an Employment Judge sitting alone. The hearing will start at 10.00 am. Hearing timetable[2]The hearing is listed for 1 day. This is based on the Claimant giving evidence and the Respondent calling 2 witnesses.[3]The hearing timetable is likely to be: Day 1 1 hour Tribunal reading and preliminary matters 1 hour Claimant’s evidence 1 hour Respondent’s evidence 30 min Submissions (15 min each) 1 hour Tribunal making decision and giving Judgment 1 hour Dealing with quantum of remedy if appropriate[4]If you think that more or less time will be needed for the hearing, you must tell the Tribunal as soon as possible. Claims and Issues[5]The claims and issues, as discussed at this preliminary hearing, are listed in the Case Summary below. If you think the list is wrong or incomplete, you must write to the Tribunal and the other side within 7 days. If you do not, the list will be treated as final unless the Tribunal decides otherwise. Schedule of Loss[6]A schedule of loss has already been provided. Documents[7]Some exchange of documents has taken place as a result of today’s reconsideration hearing.[8]By 19 March 2021 the claimant and the respondent must send each other a list of all documents they have relevant to the issues listed in the Case Summary below, together with copies of those documents. This includes documents relevant to financial losses.[9]Documents includes recordings, emails, text messages, social media and other electronic information if relevant. You must list all relevant documents you have in your possession or control even if they do not support your case. Case Number: 2201393/2020 PHCM Order (NEW August 2020) 3 of 6 August 2020 File of documents[10]Before 9 April 2021, the claimant and the respondent must agree which documents are going to be used at the hearing.[11]The claimant must prepare a file of those documents with an index and page numbers. They must send an electronic copy to the respondent by 9 April 2021.[12]The file should contain:12.1 The claim and response forms, any changes or additions to them, and any relevant tribunal orders. Put these at the front of the file.12.2 Other documents or parts of documents that are going to be used at the hearing. Put these in date order.[13]The claimant and the respondent and relevant witnesses must have available to them a version of the electronic bundle. Witness statements[14]The claimant and the respondent must prepare witness statements for use at the hearing. Everybody who is going to be a witness at the hearing, including the claimant, needs a witness statement.[15]A witness statement is a document containing everything relevant the witness can tell the Tribunal. Witnesses will not be allowed to add to their statements unless the Tribunal agrees.[16]Witness statements should be typed if possible. They must have paragraph numbers and page numbers. They must set out events, usually in the order they happened. They must also include any evidence about financial losses and any other remedy the claimant is asking for. If the witness statement refers to a document in the file it should give the page number.[17]At the hearing, the Tribunal will read the witness statements. Witnesses may be asked questions about their statements by the other side and the Tribunal.[18]The claimant and the respondent must send each other copies of all their witness statements by 30 April 2021.[19]The claimant and the respondent must both bring copies of all the witness statements to the hearing for their own use.[20]At least 7 days before the hearing date the claimant must send an electronic copy of the hearing file and all the witness statements to the Tribunal for the Tribunal to use, sending a copy to the respondent. Case Number: 2201393/2020 PHCM Order (NEW August 2020) 4 of 6 August 2020 Checklist Date Order ✓ Schedule of Loss Respondent’s documents Claimant’s documents File Witness statements Variation of dates[21]The parties may agree to vary a date in any order by up to 3 working days without the Tribunal’s permission, but not if this would affect the hearing date. About these orders[22]These orders were made and explained to the parties at this preliminary hearing. They must be complied with even if this written record of the hearing arrives after the date given in an order for doing something.[23]If any of these orders is not complied with, the Tribunal may:(a) waive or vary the requirement;(b) strike out the claim or the response;(c) bar or restrict participation in the proceedings; and/or(d) award costs in accordance with the Employment Tribunal Rules.[24]Anyone affected by any of these orders may apply for it to be varied, suspended or set aside. Writing to the Tribunal[25]Whenever they write to the Tribunal, the claimant and the respondent must copy their correspondence to each other. Useful information[26]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[27]There is information about Employment Tribunal procedures, including case management and preparation, compensation for injury to feelings, and pension loss, here: https://www.judiciary.uk/publications/employment-rules-and-legislation-practicedirections/[28]The Employment Tribunals Rules of Procedure are here: Case Number: 2201393/2020 PHCM Order (NEW August 2020) 5 of 6 August 2020 https://www.gov.uk/government/publications/employment-tribunal-procedurerules[29]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal CASE SUMMARY[30]The claimant was employed by the respondent, as an operations manager, from 15 October 2018 until 13 December 2019. Early conciliation started on 19 December 2019 and ended on 19 January 2020. The claim form was presented on 4 March 2020.[31]The claim is about unpaid wages, unpaid notice pay and unpaid holiday pay. The respondent’s defence is that the Claimant was summarily dismissed for gross misconduct, and therefore no entitlement to notice pay rises. The unpaid wages is disputed on the basis that the Claimant failed to prepare a report in an extended period that had been agreed for a handover. The Respondent relies upon a contractual term that provides for only £1 being due for accrued holiday pay. The Issues[32]The issues the Tribunal will decide are set out below.[1]Wrongful dismissal / Notice pay 1.1 Was the claimant guilty of gross misconduct? i.e. did the claimant do something so serious that the respondent was entitled to dismiss without notice?[2]Holiday Pay (Working Time Regulations 1998)2.1 Did the respondent fail to pay the claimant for annual leave the claimant had accrued but not taken when their employment ended?2.2 Can the respondent rely on a contractual term that only £1 holiday pay is due? (Can a contractual provision override any entitlement to payment of accrued annual leave under the Working Time Regulations 1998?)[3]Unauthorised deductions3.1 Were the wages paid to the claimant on less than the wages he should have been paid?3.2 Was any deduction required or authorised by statute? Case Number: 2201393/2020 PHCM Order (NEW August 2020) 6 of 6 August 20203.3 Was any deduction required or authorised by a written term of the contract?3.4 Did the claimant have a copy of the contract or written notice of the contract term before the deduction was made?3.5 Did the claimant agree in writing to the deduction before it was made?3.6 How much is the claimant owed?[4]Remedy 4.1 How much should the claimant be awarded? Employment Judge Adkin 26.2.21 Sent to the parties on: 02/03/21. For the Tribunal Office: Case No: 2201393/2020 V EMPLOYMENT TRIBUNALS Claimant: Mr. C Tanti Respondent: Wolfco CP One Limited. Heard at: London Central On: 28 May 2021 Before: Employment Judge M Joyce Representation Claimant: Ms. L Caller (Solicitor) Respondent: Ms. K Entwistle (Director)