Mr T Ramos v Coffee and Cocktails Ltd: 2302297/2021

EMPLOYMENT TRIBUNALS
Case No 2302297/2021
Mr T RamosClaimantCoffee and Cocktails LtdRespondent
Employment Judge Dyal (by video-link)Not represented for claimantNot represented for respondentDate 9 December 2022

JUDGMENT

[1]The Respondent made unauthorised deductions from the Claimant’s wages.[2]The Respondent shall pay the Claimant the gross sum of £3,900.

REASONS

[1]The Claimant did not attend the hearing today which was unexpected since he has corresponded with the tribunal appropriately until now. The tribunal’s clerk made efforts to contact the Claimant by both telephone and email but to no avail. The Respondent did not attend either but that did not come as a surprise. It has not participated in the proceedings at all, and I note that it is the subject of an application to be struck-off the register of companies.[2]I decided that the appropriate course was to proceed with the hearing in the parties’ absence. On reviewing the file I considered that there was sufficient information for me to Case no. 2302297.2021 determine the matter on the papers and that the Claimant would not be at any disadvantage if I did so.[3]By his claim form the Claimant claimed unfair dismissal and unauthorised deductions from wages. He claimed two month’s wages at the rate he was paid while on furlough. The Claimant did not have qualifying service to claim unfair dismissal so that aspect of his claim was not accepted.[4]The Respondent did not enter a response to the claim.[5]The matter came before the tribunal today for its final hearing. In advance of the hearing the Claimant provided some additional information by email including four payslips that evidence his pay prior to his pay abruptly stopping.[6]Based on that information I am satisfied that authorised deductions were made from the Claimants wages when the Respondent failed to pay him his wages in respect of March and April 2021.[7]Based on the evidence before me, I find that the Claimant was entitled to be paid for 200 hours per month at the rate of £9.75 per hour, or £1,950 a month. I award him this sum for the two months claimed.