Mr I Choudhry v Evolution Corporate Acquisitions Ltd: 2201687/2020
JUDGMENT
[1]The Respondent has failed to file an ET3 Grounds of Resistance by the stipulated deadline of 16 June 2020 and has not applied for an extension of time for doing so.[2]Having considered the ET1, Employment Judge Nicolle has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is as set out below.[3]The Respondent has unlawfully failed to pay wages to the Claimant for the period between 1 January 2020 and 13 March 2020 in the gross sum of £17,666.[4]Further, as result of the Claimant placing reliance on oral representations made by Maria Laura Iglesias, the Respondent’s CEO, prior to his commencing employment with the Respondent that she would receive arrears of pay outstanding for June and July 2019 in his employment with Orwell Group Holding Ltd, she is owed the further gross sum of £12,395.[5]The Claimant is also entitled to a payment in respect of her accrued holiday entitlement for her employment between 12 September 2019 and 13 March 2020. The Claimant had an annual holiday entitlement of 33 days and had taken 11.5 days’ holiday. The Claimant therefore has a prorated accrued holiday entitlement of 5 days which on the basis of an annual gross salary of £85,000 gives a daily rate of £232.88 and a total of £1,164.40. Case Number 2201687/2020[6]The Tribunal orders the Respondent to pay unpaid wages and accrued holiday entitlement to the Claimant of £30,061.[7]Where payments are made gross the Claimant will be responsible for all applicable tax and employee national insurance contributions.