Mr J Massey v STR 48 Ltd: 2300902/2023
JUDGMENT
[1]It is declared that the claim for unlawful deduction of wages is well founded.[2]The Respondent shall pay the Claimant £3,336.29 (gross wages)REASONS
[3]The Claimant was employed as a general manager of a restaurant owned and run by the Respondent from 15th May 2021 to 22nd February 2023.[4]The claim is for arrears of pay which arose at the point that the Claimant’s employment came to an end. This came on the resignation of the Claimant – the Respondent having stopped paying his salary in full.[5]The Tribunal directed under Rule 18 that the Respondent had failed to submit a response in time and it was rejected. The Respondents could only participate in the hearing as directed by the Tribunal. In the event, they chose not to attend at all.[6]The Tribunal heard sworn evidence from the Claimant and read a clip of documents submitted by him – including pay slips that were accessible when the Claimant was provided with his P45 but which were not honoured by the Respondent.[7]The Claimant is paid one month and one week in arrears. 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2300902/2023[8]The Tribunal is concerned with gross earnings. The Claimant will need to account to the Revenue for tax that may be owing.[9]The Claimant was owed £2,333.33 gross for the month ending 5th February 2023 – of which he was only paid £381.35. This means he is owed £1,951.98 for that month – albeit the Claimant will need to account for tax.[10]The Claimant worked for two weeks in the period which should have been covered by his salary payable on 5th March 2023. However, he was paid nothing. Calculating a weekly rate of gross pay as £692.15, the Claimant is entitled to £1,384.31 (gross) for that latter period.[11]In total he is owed £3,336.29 (gross wages).[12]The Claimant complains of unpaid statutory sick pay. This is a matter for HMRC.