Mr B Bacon v Inspired Hospitality Ltd: 2405741/2022 and 2406114/2022
JUDGMENT
The judgment of the Tribunal is:(1) The respondent failed to pay to the claimant any wages from the 3 March 2022 to 17 March 2022 and the claimant’s claim for an unlawful deduction of wages is well-founded. The respondent is ordered to pay outstanding wages in the sum of £1201.92 gross less lawful deductions of tax and national insurance (£25,000 per annum £480.88 gross per week).(2) The claimant’s claim for unpaid accrued holidays brought under the Working Time Regulations 1998 is well founded and the respondent is ordered to pay to the claimant the sum of accrued 1-day unpaid holiday £120.19 gross less lawful deductions of tax and national insurance.(3) The claimant was employed from the 3 March 2022 to 17 March 2022. The respondent failed to provide the claimant with a statement of initial employment particulars in accordance with section 1 of the Employment Rights Act 1996 and it is just and equitable to award the claimant four weeks’ pay. The respondent is ordered to pay to the claimant compensation in the sum of £1923.08 (one thousand nine hundred and twenty-three pounds and eight pence calculated at £480.77 per week x 4 weeks).(4) The claimant’s claim of discrimination on the grounds of sexual orientation is dismissed on withdrawal.(5) The final hearing is taken out of the list for 17, 18 and 19 June 2024 and the parties need not attend.REASONS
The respondent having failed to present a response to the claimant’s claim within the appropriate period, judgment is entered for the claimant in default the judge having actively considered whether a determination of the claim can be made, and on hearing the claimant and taking into account the Grounds of Complaint concluded a rule 21 Judgment can be entered in favour of the claimant. 8.11.22 amended 23.1.23