Mr E Tanye v Rullo’s London Ltd: 2205879/2018
JUDGMENT
The Judgment of the Tribunal is as follows: The claimant’s claim for outstanding wages succeeds. The respondent is ordered to pay to the claimant the gross sum of £1645. The claimant’s claims for unfair dismissal and redundancy are dismissed as he does not have two years service.REASONS
[1]The claimant was employed by the respondent on the 20 June 2018 and his last day of employment was on the 18 July 2018.[2]The claimant presented a claim for outstanding wages on the 28 August 2018. His claim form also included a claim for unfair dismissal and redundancy pay but the claimant accepted these parts of his claim were rejected on the basis he had less than two years’ service.[3]The claimant showed to the Tribunal his contract of employment which clearly stated his entitlement to be paid £12 per hour. 10.7 Judgment with reasons – rule 62 Case No: 2205879/2018[4]The claimant was able to demonstrate to the Tribunal the number of hours he worked during his employment by rotas. He also showed the payments that had been made by the respondent into his bank account. The claimant also showed to the Tribunal email correspondence between the claimant and the respondent.[5]The Tribunal accepts the claimant’s evidence that for his first week of work he was underpaid by £30 for 2.5 hours.[6]On the second week of work he worked 53 hours and was only paid £500 when he should have been paid £636, making a shortfall of £136. The claimant then worked 54.15 hours in the week commencing 2 July 18 and should have been paid £651; 48 hours in the following week, £576; and 12 hours in his final week, £252. He was not paid for any of these hours worked.[7]The respondent alleged in correspondence that the claimant was not up to the job so would only be paid £10 per hour. The respondent is not entitled to unilaterally vary the contract of employment. The claimant’s contract entitles him to be paid £12 per hour for the hours he worked.[8]The claimant is owed the total sum of £1645 (30 + 136 + 651 = 576 + 252).[9]The respondent is ordered to pay the gross sum of £1645 to the claimant.