D Chiavaroli v Project FZ Ltd (previously known as Seasons FZ Ltd) and others: 2206869/2022
JUDGMENT
[1]Having accepted that Project FZ Ltd (previously known as Seasons FZ Ltd) was his employer at all relevant times, the Claimant’s claims against Bruton Restaurant Ltd (in voluntary liquidation), Season Dreams PLC and Project Re Ltd are not well founded and are dismissed.[2]The Claimant’s complaint against Project FZ Ltd under section 23 of the Employment Rights Act 1996 that his employer made a deduction from wages in contravention of section 13 of the Employment Rights Act 1996 is well founded.[3]Project FZ Ltd is ordered to pay the Claimant the sum of £4200.00 representing unpaid net wages for the month of April 2022 and May 2022.[4]The Claimant’s claim for holiday pay succeeds and Project FZ Ltd is ordered to pay the Claimant the sum of £905.01 (9.33 x net daily rate) in lieu of accrued but untaken annual leave.[5]Accordingly, the total sum Project FZ Ltd must pay the Claimant is £5,105.01 net.[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 accordance with s.8 of the Employment Rights Act 1996 in respect of the period 1 January 2022 to 1 May 2022 referred to immediately above. Case No:2206869/2022