Mr A Kasim and Mr A Hannan v Blue Nile Restaurant Ltd: 2409481/2020 and 2409482/2020
JUDGMENT
[1]The unfair dismissal claims are dismissed upon withdrawal by the claimants.[2]A default judgment was previously made against the respondent for failing to respond to the claim and in accordance with Rule 21(2) of The Employment Tribunal Rules of Procedure. Accordingly, the claims for payment of wages owed to the claimants succeeds, as do the claims for holiday pay for both claimants.[3]For the claim of unpaid wages brought by the claimants the respondent is ordered to pay each claimant the sum of £1,707.68. This figure has been calculated using gross monthly pay and the respondent is to deduct from that amount the required sum payable to HM Revenue and Customs for National Insurance.[4]For Mr Karim’s claim to holiday pay, the respondent is to pay Mr Karim the gross sum of £1,608.34. For Mr Hannan’s claim to holiday pay, the respondent is to pay Mr Hannan the gross sum of £2,676.46.[5]The total sum payable by the respondent to Mr Karim is £3,316.02.[6]The total sum payable by the respondent to Mr Hannan is £4,384.14. Judge Cowx 18 November 2021