M Farooq and others v U M Shafiq T/a Cupp Bubble Tea: 3200103/2024 and others
JUDGMENT
[1]The Respondent made unlawful deductions from the wages of Ms Farooq and of Ms Mirza.[2]The Respondent is ordered to pay Momina Farooq £3,439.00.[3]The Respondent is ordered to pay Mahek Mirza £3,043.56.[4]The claims of the other Claimants are added to another similar multiple claim which has a hearing on 12 August 2024.REASONS
[1]The Respondent runs four cafés selling bubble tea. Ms Farooq and Ms Mirza worked for the Respondent at one or more of those cafés.[2]Ms Farooq and Ms Mirza were at school at the time. They complain that their hours were illegal as outside the parameters permissible for Case Numbers: 3200103/2024, 3200104/2024 3200105/2024, 3200106/2024 and 3200107/2024 schoolchildren, but that is not a matter with which an Employment Tribunal can deal.[3]Ms Farooq and Ms Mirza did not receive payslips. They were paid intermittently and sporadically. Their requests for payment of the wages they had earned were fobbed off by the Respondent and by his branch managers.[4]Ultimately both Ms Farooq and Ms Mirza left the employment of the Respondent and bring their claims to the Tribunal to seek an order that the Respondent pay to them the money they have earned while employed by him.[5]Both Ms Farooq and Ms Mirza gave evidence to me on oath. I accept their evidence as truthful. They each compiled a spreadsheet into which they input the hours worked, the hourly rate and the amounts of money received. I am satisfied that they undertook that task conscientiously and carefully, and that their calculations are accurate.[6]The Respondent has chosen not to engage with this case, and so there is no challenge to the evidence of Ms Farooq and of Ms Mirza.[7]Ms Farooq is the lead claimant in this multiple. She had told the others of this hearing date but did not know why the others were not attending today. As there is another similar multiple case in the system listed for a preliminary hearing on 12 August 2024 I added them to that multiple case.[8]Those Claimants (Neha Saba Rafiq, Ayesha Katherine Fox and Tiffany Acheampong) should attend that hearing, which will probably be a virtual hearing. In advance of that hearing they should send in a calculation setting out the amount of money they claim from the Respondent.[9]The hearing on 12 August 2024 for those other claims was listed as a preliminary hearing. As the date for filing a response to those claims was 29 May 2024 and no responses have been received, I ordered the “appearance not entered” letter be sent to the Respondent and the hearing be converted to a one day final hearing.[10]The other claims are 3200381/2024 - Afsana Mahima, 3200382/2024 - Afruja Mariha, 3200383/2024 - Sarina Safa and 3200384/2024 - Safiyah Amanour.