Mr A Hanifa v A Khan: 3200053/2021
JUDGMENT
[1]The Respondent made deductions from the pay of the Claimant of £84.[2]The Respondent is ordered to pay to the Claimant the sum of £84.[3]The Respondent failed to provide the Claimant with a statutory statement of principal terms and conditions of employment, as required by S1 of the Employment Rights Act 1996.[4]The Respondent is ordered to pay to the Claimant 2 weeks’ pay, £1,046.40, under S38 of the Employment Rights Act 2002, by reason of that failure.[5]The Claimant was dismissed because he asked for payslips and a contract, which was an automatically unfair dismissal.[6]I order the Respondent to pay to the Claimant the sum of £4,185.60 compensation.[7]The Recoupment Regulations do not apply.[8]The total the Respondent is ordered to pay to the Claimant is £84 + £1046.40 + £4,185.60 = £5,316.REASONS
[1]The Respondent did not enter an appearance to this claim. 10.7 Judgment with reasons – rule 62 Case Number: 3200053/2021[2]The Claimant was a security guard who worked for the Respondent, who had an unincorporated security firm called AK Security.[3]The Claimant worked for the Respondent between 25 September 2020 and 18 October 2020. He was not given a contract of employment. I accept the oral evidence of the Claimant that when he left he was underpaid by £84. No payslips were provided so that there is no documentary evidence.[4]Accordingly, the claim under S13 of the Employment Rights Act 1996 succeeds and I make a declaration that there was an unlawful deduction from the Claimant’s wages of £84 and order the Respondent to pay the Claimant that sum.[5]As the claim under S13 succeeded the Claimant falls within S38 of the Employment Act 2002. He had no contract of employment and so I order the Respondent to pay 2 weeks’ pay to the Claimant.[6]The Claimant was on National Minimum Wage, which was £8.72 an hour at the time. The Claimant worked long hours. He claims it was 84 hours a week. This could not be a regular working week – it would be 14 hours a day, 6 days a week. The security industry is notorious for long hours, and I use 60 hours as the working week. £8.72 x 60 = £523.20 x 2 = £1,046.40.[7]The Claimant asked for a contract and payslips repeatedly. Initially he was fobbed off, and then sworn at over the telephone and told he was “finished”, that is summarily dismissed.[8]He was dismissed for asserting a statutory right, contrary to S104 of the Employment Rights Act 1996, and that is an automatically unfair dismissal.[9]The Claimant has a driving licence and a licence from the Security Industry Authority. Even in the pandemic I find that he could have found employment in 10 weeks at national minimum wage. That was then £8.72. I award loss at 48 hours a week. That is £418.56. 10 weeks is £4,185.60.[10]The total of these amounts is £5,316.00.[11]The Claimant did not claim state benefit in the period for which compensation is awarded, so the Recoupment Regulations do not apply.