Mr S Williams v TCB Leisure Ltd T/a The Potters Wheel: 2503454/2018

EMPLOYMENT TRIBUNALS

Case No 2503454/2018

Between

Mr S WilliamsClaimant

TCB Leisure Ltd T/a The Potters WheelRespondent

Before

Employment Judge Garnon

Date 1 March 2019

JUDGMENT

Made at North Shields ON 1st March 2019 EMPLOYMENT JUDGE GARNON JUDGMENT (Liability and Remedy ) Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim of unlawful deduction of wages is well founded. I order the respondent to repay £ 312 to the claimant. The Hearing listed for 6 March 2019 is cancelled.

REASONS

[1]The claimant worked as a chef from 21 October to 4 November 2018 at a public house called “ The Potter’s Wheel” . His claim form says his agreed rate of pay was £9 per hour and over the period of his employment he worked for 48 hours until he was told by the head chef there was no more work available .He presented his claim on 22 November 2018 having undergone Early Conciliation from 19 to 22 November initially against “Jon Kelly” believing him to be the proprietor of The Potter’s Wheel. 2.The claim was sent on 8 January 2019 to Mr Kelly at the address given for The Potter’s Wheel. No response was received by the due date of 5 February 2019. However, the claimant emailed the tribunal that day saying he believed his claim was against “The Potter’s Wheel pub “.A company search on 7 February showed a company “The Potter’s Wheel Pub Ltd “ had been dissolved in December 2016.

[3]The claimant was sent a letter by the Tribunal asking for certain information and that was copied to the respondent . Mr Kelly emailed the Tribunal on 14 February saying the claimant did not work for him personally but for TCB Leisure Ltd of which he was a director . Mr Kelly gave reasons for payment not having been made earlier but did not deny some payment was due . The claimant then confirmed his payslips showed the employer as “TSB Leisure Ltd trading as The Potter’s Wheel” He sent in a payslip which agreed with his figure of 48 hours worked but specified a rate of pay of £7.83, being at the time the national minimum wage.

[4]The fact Mr Kelly emailed the tribunal showed the claim had been received . He has never submitted a response. Employment Judge Johnson on 18 February asked the claimant confirm the correct name of the respondent was TCB Leisure Ltd and that Mr Kelly personally could be dismissed as a respondent . That letter was copied to Mr Kelly. The claimant did agree, and by email on 18 February so did Mr Kelly. Therefore on 20 February Employment Judge Johnson amended the claim so the respondent became, by way of substitution, TCB Leisure Ltd as but still trading as “The Potter’s Wheel “.

[5]Although in his claim form the claimant says the only advance he had on wages, which would fall to be deductible from the total he earned, was £100 he has since accepted the correct figure was , as shown on the payslip, £120.

[6]I am empowered by rule 21 of the Employment Tribunals Rules of Procedure 2013 to issue a judgment. The relevant law is in Part 2 of the Employment Rights Act 1996. The claim form gives sufficient information to prove the claim and calculate remedy . I cannot find any other rate of pay, or sum advanced against wages, than contained in it because Mr Kelly has not submitted a response on behalf of himself or the company respondent. 48 hours x£9 = £432 -£120 advanced = £312.