Mr Q Akinode v LJ Health and Wellbeing Ltd and Jacksonwell Recruitment Ltd: 2402498/2024
JUDGMENT
[1]The claimant is successful in his claim for unpaid wages. The first respondent, LJ Health and Wellbeing Ltd, is ordered to pay to the claimant £567 in unpaid wages and £55 holiday pay, making a total award of £622, payable straight away.[2]The second respondent is dismissed from these proceedings.[3]The claimant brought claims of race discrimination against the respondents but has failed to provide any evidence of this to the Tribunal. Those claims are hereby dismissed.REASONS
[1]Mr Akinode’s claim is one of fourteen claims against the respondents, arising out of a period in the second half of 2023 and early 2024 when a number of care workers worked for the respondents but were either not paid at all, or paid only a small amount of wages. They have attempted to obtain payment from the company and directly from the director, Mr Liam Jackson, but have been unsuccessful. Both the first and the second respondent remain active companies according to the Companies House register.[2]The fourteen claims are being heard together in the Tribunal. This judgment relates solely to Mr Akinode. It was his submission to the Tribunal that there might have been a transfer of his employment from the first respondent to the second respondent, Jacksonwell Recruitment Limited, in February 2024. However, the only evidence he provided of this was that another member of staff told him that his last shift on 21 February 2024 was with Jacksonwell. No further evidence has been provided. The information provided to me tends to show that the first respondent LJ Health and Wellbeing was the claimants’ employer during the relevant period, including Mr Akinode’s employer. Jacksonwell is therefore dismissed from these proceedings.[3]Neither respondent submitted a valid response to the claims on time. The claims are therefore not defended.[4]There was a case management hearing on 22 July 2024 at which the claims were clarified. The claimants, including Mr Akinode, were asked, by 19 August 2024, to provide evidence of their wages claims and their claims of race discrimination. Today’s hearing was a further opportunity for them to provide evidence and submissions to the Tribunal.[5]As the claimant did not attend the hearing today or provide the Tribunal with any further evidence of his race discrimination claims, the race discrimination claims are dismissed.[6]Mr Akinode’s ET1 claim form says that he worked for the respondent from 24 December 2023 to 21 February 2024 and was not paid. He claims £567 in unpaid wages and £55 holiday pay. This claim is not defended and so the first respondent is to pay Mr Akinode £622 claimed straight away.[7]It is hoped that the first respondent complies with its legal obligation to pay the amount ordered in this judgment. However, given the lack of engagement by the respondents in these proceedings, it may be that Mr Akinode needs to take steps to enforce the judgment against the first respondent. Information about how to do this in the letter accompanying this judgment, and he is reminded of the availability of free advice from the Citizens Advice Bureau to assist him in any steps he may choose to take.