Mr A Alkhalil v Facilitas Facilities Management Ltd: 2601618/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed for 03 December 2018 has been converted to a remedy hearing and will now be held at Nottingham Tribunal Hearing Centre, 50 Carrington Street, Nottingham, NG1 7FG at 2pm with a time estimate of 1 hour. Employment Judge Hutchinson _____________________________ Date: 16 November 2018 CASE NO: 2601618/2018 EMPLOYMENT TRIBUNALS At a Remedy Hearing Claimant: Mr A Alkhalil Respondent: Facilitas Facilities Management Ltd Heard at: Nottingham On: Tuesday 5 March 2019 Before: Employment Judge P Britton (sitting alone) Representation Claimant: In person Respondent: No appearance[1]The Respondent is ordered to pay the Claimant compensation for the non-payment of wages of £845.64 gross.[2]The Respondent is ordered to pay the Claimant compensation for non-payment of holiday pay in the sum of £767.34 gross.REASONS
[1]A default judgment was issued in this matter on 16 November 2018 following no Response having been presented by the Respondent.[2]The matter was listed for a remedy hearing because, although the Claimant had provided wage slips, he had not actually done the calculation as to how much he was due.[3]The original remedy hearing was listed for 3 December but the Claimant did not attend. The Respondent also did not attend. Shortly thereafter the Claimant gave an explanation to the effect that he had not had the notice of the hearing. This was accepted and the remedy hearing was listed for today and both parties were sent notice to that effect. The Claimant has attended but not the Respondent, and i it has yet again provided no explanation for its non attendance. CASE NO: 2601618/2018[4]On all occasions, in terms of listing, the Respondent was notified via its registered office. A Company’s House search shows it still remains the same and that it is “active. Accordingly I have proceeded today.[5]The Claimant has been able to confirm that the hourly rate that he relies upon was £7.83 per hour, and thus he has been able to establish the quantum of his claim for 98 hours of unpaid holiday pay and 108 hours of unpaid wages. In that latter sense judgment had already been given via the default judgment. Thus the calculation is simple: the non-payment of wages amount is £845.64 gross and that for the outstanding holiday pay is £767.34 gross.[6]I accordingly give judgment for those amounts.