Ms S Gurakuqi v Project FZ Ltd and Seasondream plc: 2206864/2022
JUDGMENT
[1]The 2nd Respondent’s name is amended to its legal name of Seasondream PLC.[2]The Claimant’s claim against the 2nd Respondent is not well founded and dismissed.[3]During the period 25 March 2021 – 4 May 2022, the Claimant’s employer was Project FZ Ltd.[4]The Claimant’s claim against Project FZ Ltd. under s.13 of the Employment Rights Act 1996 for unauthorised deductions from wages is well founded.[5]Project FZ Ltd. shall pay the Claimant the total sum of £1,236.48, consisting of the following:a. £747.43 in respect of unpaid wages (£109/week statutory sick pay) for period 18 March 2022 – 4 May 2022 (6 weeks, 6 days) when Claimant absent from work on sick leave;b. £489.05 in respect of unpaid wages in respect of 5 days annual leave accrued but untaken as of 4 May 2022 (5 days x £97.81 (net)/day).[6]The Tribunal makes a declaration under s.12(3)(a) of the Employment Rights Act 1996 that Project FZ Ltd has failed to give the Claimant pay statements in 1 of 2 Case No: 2206864/2022 accordance with s.8 of the Employment Rights Act 1996 in respect of the periods referred to immediately above.[7]The Tribunal has no jurisdiction to consider the Claimant’s following complaints:a. Project FZ Ltd. never paid Claimant’s NI and income tax contributions/ deductions to HMRC;b. Claimant’s “pension scheme has been regularly deducted but they did not pay to NEST pension”.[8]The Claimant confirmed she was content to proceed without an Italian translator. NOTE[1]Reasons for the decision having been given orally at the 2 May 2023 hearing, written reasons will not be provided unless requested within 14 days of the date the judgment is sent to the party requesting them. In default of a timely request for written reasons, written reasons will not be provided unless requested by the Employment Appeal Tribunal, by a court, or by another legal body of competent jurisdiction.[2]Judgments are published online after they have been sent to the parties. Signed (electronically):