Mr H Worton v Miramar 246 Ltd (In Voluntary Liquidation): 2501859/2023
JUDGMENT
[1]The claim of unauthorised deduction of wages is well-founded and succeeds. The Respondent is ordered to pay to the Claimant the gross sum of £945 (less any amount already paid by the Secretary of State in respect of arrears of pay).[2]The claim of breach of contract in respect of the failure to give 2 weeks’ notice is well founded and succeeds. The Respondent is ordered to pay to the Claimant damages in the sum of £349 (less any amount paid by the Secretary of State in respect of notice).REASONS
[3]The Claimant was employed by the Respondent from 30 June 2020 to 03 May 2023 as a pizza chef when he was dismissed without prior warning or notice by reason of redundancy. On 31 July 2023, the Claimant presented a Claim Form to the Tribunal in which she claimed a redundancy payment, damages for wrongful dismissal (notice pay), outstanding holiday pay and arrears of pay.[4]The proceedings were served on the Respondent at its registered office with a response date of 21 September 2023. However, no response was returned. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[5]The Claimant’s claim was one of a number of similar claims against the same respondent. Those claims were combined and listed for a case management preliminary hearing on 05 December 2023 at which further case management orders were made requiring further information from the Claimants.[6]Mr Worton did not attend that hearing but, on 18 December 2023, complied with directions to send further information to the tribunal. Case Nos:2501859/2023[7]The Claimant worked on average 38 hours a week for which he was paid £10.50 an hour. Sometimes he would work between 45 and 50 hours. His gross weekly pay averaged £400 with a net wage of approximately £349.[8]As at the date of dismissal, the Respondent had failed to pay him in respect of 90 hours worked in the previous 2 weeks leaving a total of £945 which was payable by 05 May 2023. He was entitled to one week’s notice of termination which was not paid.[9]I was satisfied that I had sufficient material to properly determine the claims for unlawful deduction of wages and notice. Therefore, it was appropriate for a judgment to be issued to that effect.