Ms R Bouchakour and Mr K Ahmed v KGDK Restaurants Ltd: 2211292/2022 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The name of the Respondent is amended as set out above.[2]The Respondent failed to file in time an ET3 with grounds of resistance in case numbers 2211292/22 & 2211293/22 and its application for an extension of time has been refused.[3]These two claims for unlawful deductions from wages (pay and accrued but untaken holiday pay) accordingly succeed and are consolidated with claim numbers 2211393/22 and 2211394/22 which duplicate the successful claims.[4]The remedy to which the Claimants are entitled will be determined at a Remedy Hearing.[5]The Respondent is entitled to notice of any hearings and decisions, but shall only be entitled to participate in such hearings to the extent permitted by the Employment Judge, in accordance with Rule 21(3) (Schedule 1, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013). Employment Judge Norris Date: 13 March 2023[1]The claims made by Karim Ahmed (2211293/2022 and 2211394/2022) are dismissed upon withdrawal.[2]In relation to the claims by Miss R Bouchakour under claim numbers 2211292/2022 and 2211393/2022: 2.1. The Tribunal declares that the Respondent made unlawful deductions amounting to £2871.74 net in respect of basic salary from the First Claimant's wages for the period 1 November 2022 - 18 December 2023. The Respondent is Ordered to pay £2871.74 net to the First Claimant in relation to this element. 2.2. In respect of accrued but undertaken holiday pay the Respondent is Ordered to pay the First Claimant £1094.08 (gross). This holiday pay award is expressed as a gross figure. Provided that the Respondent makes appropriate deductions in respect of income tax and employee national insurance, and accounts therefore to the proper authorities, payment of the Claimant of the net sum will represent a valid discharge of this element of the Judgment. Case No: 2211292/22, 2211293/22, 2211393/22 & 2211394/22