Ms S Adeoye and Mr C Ajala v Alliance Recruitment Consultants Ltd T/a Alliance Recruitment Consulting and Domiciliary Care Services Ltd and E Serwah: 2307251/2020
JUDGMENT
[1]The claims in respect of unpaid wages are well founded.[2]The Respondents must pay the sum of £2,209.00 to Ms Adeoye.[3]The Respondents must pay the sum of £466.46 to Mr Ajala.REASONS
[4]The Claimants were employed as support workers/ healthcare asisstants for Alliance Recruitment Consultants Ltd (ARC; R1).[5]Ms Adeoye worked for ARC from 26 August 2020 to 23 September 2020. Those dates included two sleepover shifts.[6]Mr Ajala worked for ARC from 6 to 15 September 2020.[7]Both claimants were employed at the Qualifed Care Residential Care Home, on Chipstead Valley Road in Coulsdon. CASE NUMBER: 2307251/2020[8]Upon agreement by all parties, the claims are consolidated.[9]Having made the required checks on the Companies House website, ARC Ltd was dissolved. Abigail Owusu-Akyeaw was a director. She is the second respondent’s daughter.[10]The second respondent Esther Serwa has two current director posts. The first is for Qualified Care Residents Services Ltd. The second is Alliance Recruitment Consulting and Domiciliary Care Services Ltd (ARCDCS). The nature of the business lists temporary employment agency activities, residential nursing care facilities, residential care activies for elderly and vulnerable adults.[11]ARC Ltd is listed as the company’s previous name.[12]It is clear that the company has continued trading, initially as Alliance Recruitment Counsulting Ltd and now as Alliance Recruitment Consulting and Domiciliary Care Servies Ltd. There is evidence linking the named directors and the address at which the claimants both worked to the new company.[13]Esther Serwa has been named director, replacing her mother. Ms Adeoye stated that Ms Serwa had been introduced to her as a director at ARC.[14]Claimant 1 Ms Adeoye named Esther Serwah as a second respondent. I heard evidence from both Ms Adeoye (C1) and Mr Ajala (C2) at the hearing. Mr Ajala had meant to add Esther Serwah as a respondent but named her in the details of the claim instead. I am satisfied that it is in the interests of justice to amend the claim to name her as a second respondent in Mr Ajala’s claim as well.[15]I therefore amend the details of the first respondent to Alliance Recruitment Consulting and Domiciliary Care Servies Ltd.[16]Having heard evidence Ms Adeoye and Mr Ajala, on the balance of probabilities, and without any information provided by the Respondents, I find that the Claimants are both owed unpaid wages. Their claims are well founded.[17]The Respondents must pay the sum of £2,209.00 to Ms Adeoye.[18]The Respondents must pay the sum of £466.46 to Mr Ajala.[19]This sum is gross and the Claimants must account to HMRC independently in respect of this award.