Mr O F Nagdee v Device Revive Ltd: 2400510/2024
JUDGMENT
(1) The claimant was employed by the respondent from 18 November 2023 until 3 January 2024 when he was dismissed.(2) The claimant was contracted to work 14 hours over 2 days each week for the gross hourly rate of £9 per hour at their Blackburn premises. Although the claimant was provided with payslips by his employer, he did not receive any pay from them during his employment.(3) The claimant presented a claim form on 26 January 2024 following a period of early conciliation and brought complaints of unlawful deduction from wages in the amounts described below and notice pay. The respondent was re-served with the proceedings at their registered office and failed to present a response and they have not indicated that they are resisting the complaints brought.(4) The claimant confirmed that he received a tax rebate from HMRC on 16 June 2024 in the sum of £169.40 and acknowledges that he may be required by HMRC to reimburse this sum to them once the respondent has paid to him the judgment sum below. Decision made in relation to the complaints brought by the claimant.(5) The complaint of unlawful deduction from wages is well founded and succeeds.(6) The complaint of breach of contract is well founded and succeeds with the claimant being entitled to receive one week’s notice pay.(7) The respondent shall pay to the claimant compensation in respect of his successful complaints in the gross sum of £1,023.75 (One Thousand and Twenty-Three Pounds Ninety-Two Pence) and calculated as follows: Unlawful deduction from wages payment Subtotal/Total[1]18 November to 29 November 2023 (27.75 hours x £9 per hour) = £249.75 2. 30 November to 29 December 2023 (65 hours x £9 per hour) = £585.00 3. 1 January to 3 January 2024 (7 hours x £9 per hour) = £63.00 £897.75 Breach of Contract/Notice Pay 1. The claimant was entitled to 1 weeks’ notice pay (14 hours x £9 per hour) = £126.00 £126.00 Grand total £1,023.75