Mr R Luton v Oyster Pearl Bar & Restaurant Ltd: 2300835/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent having failed to enter a response to this claim, Judgment for the Claimant is entered as follows: The claim succeeds and the remedy to which the Claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge Ferguson Date: 10 September 2019 Case Number: 2300835/2019 1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BEFORE: EMPLOYMENT JUDGE C HYDE (sitting alone) BETWEEN: Claimant MR ROBBIE LUTON AND Respondent OYSTER PEARL BAR & RESTAURANT LIMITED ON: 13 January 2020 APPEARANCES: For the Claimant: Mr M Arnold, Consultant For the Respondent: Did not attend and was not represented (No response entered) REMEDY JUDGMENT The Judgment of the Tribunal is that: -[1]The Respondent is ordered to pay the following sums to the Claimant pursuant to the Rule 21 Judgment which was sent to the parties on 18 September 2019:a. It was declared that the Respondent had unlawfully deducted the sum of £572.70 gross from the Claimant’s wages (69 hours x £8.30 per hour); and the Respondent was ordered to repay that sum to the Claimant forthwith.b. It was declared that the Respondent had unlawfully deducted the sum of £659.85 gross from the Claimant’s wages in respect of Case Number: 2300835/2019 2 accrued but untaken holiday which was outstanding on termination of the employment (79 hours 40 minutes at £8.30 per hour). The Respondent was ordered to repay that sum to the Claimant forthwith.c. The Respondent having wrongfully dismissed the Claimant, was ordered to pay damages to the Claimant in the sum of £2,870.00 gross (10 weeks at £332.00 per week = £3,320.00 less £450.00 earned during the notice period – January 2019)d. In respect of unfair dismissal, i. the Respondent was ordered to pay to the Claimant compensation in the sum of £332.00 x 8 = £2,656.00 in respect of the basic award. ii. In respect of the compensatory award, the Respondent was ordered to pay compensation to the Claimant as follows: - i. Loss of earnings from after the notice period for a period of 13 weeks = 13 weeks x £332.00 gross = £4,316.00 less money received in that time (February, March, April 2019) = £400 + £450 + £800 = £1,650.00; 4,316.00 -1,650.00 2,666.00 gross ii. Loss of statutory employment rights = £450.00e. Uplift in respect of compensation for unfair dismissal, unlawful deduction of wages, holiday and damages for breach of contract for failure to follow statutory procedures @ 25%f. Failure to provide written particulars of employment (two weeks’ gross pay) = £664.00 GRAND TOTAL £ 9,874.55 £ 2,468.64 (25% uplift) £12,343.19 + 664.00 £13001.13[2]The Recoupment Regulations apply to this award. Case Number: 2300835/2019 3[3]The Claimant’s application for costs against the Respondent was refused.