S M Koku v Phoenix Human Resources Ltd: 2214013/2023
JUDGMENT
[1]The Respondent has failed to file an ET3 within the deadline and has not requested an extension of time to file the same.[2]Having considered the ET1 and documents provided by the Claimant, Employment Judge E Burns has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is as set out below.[3]The Respondent has unlawfully failed to pay the claimant the following:• wages for April 2023 in the sum of £2,000 gross;• pay for overtime worked in the sum of £2,946.50 gross;• in lieu of 9.6 days holiday pay (accrued but not taken) in the sum of £886.17 gross[4]Accordingly, the Respondent is ordered to pay £5,832.67 to the Claimant and to account to HMRC for any tax and NI due on this sum.[5]The Respondent has also breached the Claimant’s contract by failing to reimburse the Claimant for expenses in the sum of £566.95. it is therefore ordered to pay him this amount, which is not subject to tax or NI, in addition.[6]The total payable is £6,399.62 Case No: 2214013/2023[7]The hearing due to take place on 29 October 2024 will not proceed and the parties do not need to attend.