M Mohammed v S Aljammai (Partner in South Kitchen Restaurant): 2211502/2023
JUDGMENT
The respondent having failed to respond to the claim within the time limit set out in Rule 16 of the Tribunal Rules of Procedure 2013 (the Tribunal Rules), the Tribunal makes a Judgment under Rule 21 of the Tribunal Rules in the claimant’s favour. The claimant is awarded the sum of £514.72. This sum is a gross sum and is subject to appropriate deductions for income tax and National Insurance Contributions as applicable.REASONS
[1]The claimant was employed as a chef at South Kitchen restaurant in West London from 2 May to 9 May 2023. The respondent is one of four partners who own the restaurant. He lodged an ET1 on 6 July 2023 (following Early 1 of 2 Case Number: 2211502/2023 Conciliation with ACAS from 2 May to 9 May 2023) claiming unlawful deduction of wages.[2]The claimant said he agreed with the respondent that his wages would be £12 per hour payable at the end of each week.[3]Over the week he was employed the claimant worked 49 hours 56 minutes. The total wages due were £594.72. The claimant accepted that he had been paid £80 by the respondent. The total outstanding is £514.72.[4]I am satisfied that the claimant has provide sufficient material on which I can make a determination of his claim.[5]The claimant also claimed £10,000 compensation for depression and stress suffered by him as a result of the respondent’s conduct. This sum cannot be awarded by the Tribunal. This was explained to the claimant.[6]I also explained that the award is for wages and so is subject to deduction for income tax and National Insurance Contributions as necessary. D Henderson Employment Judge Henderson