C Pritchard and B Webb v Hoptimistiq Ltd: 2401440/2025 and 2401441/2025
JUDGMENT
[1]The claim was presented in the Manchester Employment Tribunal on 1 May 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made in each of the claims in accordance with rule 22 of the Rules of Procedure. C Pritchard[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £396.93 gross calculated as follows: Hours workeda. 50.5 hours worked x £11.44 per hour = £577.72b. Less amount paid = £433.29c. £577.72 - £433.29 = £144.43 Unpaid training 15 hours’ training x £8.50 per hour = £127.50 Tips Unpaid tips = £125.00[3]The respondent failed to give the claimant written itemised pay statements as required by the Employment Rights Act 1996 s.8. The shortfall in the claimant’s wage is accounted for at paragraph 2 above and no further award is made.[4]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £115.54 (1 week’s statutory notice).[5]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £91.52, calculated as follows:a. During the claimant’s employment period (one month) he worked 66 hoursb. 66 hours x 12.07% = 7.96 hours, rounded up to 8 hours.c. 8 hours x £11.44 = £91.52[6]The respondent failed to provide the claimant with a written statement of employment particulars. In accordance with section 38 Employment Act 2002, the respondent is ordered to pay the claimant an additional two weeks’ pay, which is 2 x £115.54 = £231.08.[7]The respondent must pay the claimant £835.07 in total.[8]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £600.49 gross calculated as follows: Hours workeda. 71.5 hours worked x £11.44 per hour = £817.96b. Less amount paid (71.5 x 8.58) = £613.47c. £817.96 - £613.47 = £204.49 Unpaid training 26 hours’ training x £8.50 per hour = £221 Tips Add unpaid tips £175.00[9]The respondent failed to give the claimant written itemised pay statements as required by the Employment Rights Act 1996 s.8. The shortfall in the claimant’s wage is accounted for at paragraph 2 above and no further award is made.[10]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £163.59 (1 week’s statutory notice).[11]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £137.28 calculated as follows:a. During the claimant’s employment period (one month) he worked 98 hoursb. 98 hours x 12.07% = 11.82 hours, rounded up to 12 hours.c. 12 hours x £11.44 = £137.28[12]The respondent failed to provide the claimant with a written statement of employment particulars. In accordance with section 38 Employment Act 2002, the respondent is ordered to pay the claimant an additional two weeks’ pay, which is 2 x £163.59 = £327.18.[13]The respondent must pay the claimant £1228.54 in total. Approved by: