Mr D Howlett v Broadway Pubs and Leisure Group Ltd: 2501522/2018
JUDGMENT
[1]The claimant’s complaint of unauthorised deduction from wages (failure to pay accrued holiday pay) is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £700 in respect of accrued holiday pay. This is a net amount and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon.[2]Pursuant to Section 38 of the Employment Act 2002, the Tribunal being satisfied that the respondent had failed to provide the claimant with a written statement of his terms and conditions of employment, the respondent is ordered to pay to the claimant compensation at the rate of two week’s pay in the sum of £700 due to its failure to provide a written statement of terms and conditions of employment.REASONS
[1]This matter came before me this morning for consideration of the claimant’s complaints of unauthorised deduction from wages, namely that his employer had failed to pay him his accrued holiday pay. The claimant further alleged that he had never been provided with any written terms and conditions of employment or itemised pay slips.[2]The claim form was presented on 6 August 2018 and named as the respondent employer, “Stirks Steakhouse Bar and Grill” of 30a Wavendon Crescent, Sunderland SR4 8LW. The claim form was served at that address but no response was presented within the time limit of 28 days, which expired on 4 October 2018.[3]A response form was subsequently presented on 22 October 2018 on which the name of the respondent appears as “Wavendon Pub Company” of 30a Wavendon Crescent, Sunderland SR4 8LW. That response form was rejected as it was presented out of time and there had been no request for an extension of time.[4]The claimant today appeared in person. No one attended for or on behalf of the respondent.[5]Mr Howlett confirmed to me that he worked as the Head Waiter at premises which traded as “Stirks Steakhouse Bar and Grill” from 30a Wavendon Crescent in Sunderland. Mr Howlett explained that he understood the business to be owned and operated by two gentlemen named John Stirk and Richard Cooney. I informed Mr Howlett that searches made at Companies House revealed that there were two limited companies which appeared to be connected with this business. The first is Broadway Pubs and Leisure Group Ltd, whose registered office is 30a Wavendon Crescent in Sunderland. The second is the Wavendon Pub Company Ltd, whose registered office is at the Belmont, Muir End Terrace, Durham DH1 1BJ.[6]I asked Mr Howlett to explain which of the two individuals or two limited companies was more likely to have been his employer. Because he always worked from the premises at 30a Wavendon Crescent in Sunderland, Mr Howlett was of the opinion that his employer was more likely to have been Broadway Pubs and Leisure Group Ltd.[7]Mr Howlett confirmed that he had never received a written statement of terms and conditions of employment, nor had he received any documentation which may enable him to properly identify the correct identity of his employer. However, Mr Howlett was of the opinion that it was most likely to be Broadway Pubs and Leisure Group Ltd.[8]On the material available to me, I am satisfied that the claimant was probably employed by Broadway Pubs and Leisure Group Ltd. I therefore order that the title to these proceedings be amended to show the correct name of the respondent as Broadway Pubs and Leisure Group Ltd and that the address for that company be amended to 30a Wavendon Crescent, Sunderland, United Kingdom SR4 8LW. I am satisfied that these proceedings are properly being brought to the attention of the offices of that company and I therefore order that there be no need for re-service of any papers or documents.[9]I am satisfied that the claimant is entitled to be paid the sum of £700 for accrued holiday pay and I order the respondent to pay that sum to him. That sum is to be paid net and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon.[10]The claimant having succeeded in a complaint of unauthorised deduction from wages, I am satisfied that it is just and equitable in this case to order the respondent to pay the claimant a further sum by way of compensation at the rate of 2 week’s pay in the sum of £700 for the failure to provide a written statement of terms and conditions of employment. CONSEQUENCES OF NON-COMPLIANCE[1]Failure to comply with an order for disclosure may result on summary conviction in a fine of up to £1,000 being imposed upon a person in default under s.7(4) of the Employment Tribunals Act 1996.[2]The Tribunal may also make a further order (an “unless order”) providing that unless it is complied with, the claim or, as the case may be, the response shall be struck out on the date of non-compliance without further consideration of the proceedings or the need to give notice or hold a preliminary hearing or a hearing.[3]An order may be varied or revoked upon application by a person affected by the order or by a judge on his/her own initiative.