A Mahima and Others v U M Shafiq T/a Cupp Bubble Tea: 3200381/2024 and Others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 22.[1]The claims were issued in the East London Employment Tribunals and the Respondent failed to present a valid response on time.[2]The matter was listed for a final hearing on 12 August and 17 December 2024. The Judge decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[3]The claimants complaint of unauthorised deductions from wages is well-founded.[4]The Respondent made an unauthorised deduction from the Claimant's [Afsana Mahima ] wages in the period 20 October 2023 – 19 December 2023, namely; a) Failed to pay holiday pay to the sum of £150.92 b) Failed to pay wages for the period 20 October 2023 – 19 December 2023 to the sum of £2229.88(Gross)[5]The Respondent shall pay the Afsana Mahima (£150.92 + £2229.88) £2380.80. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 4 (b).[6]The claimants complaint of unauthorised deductions from wages is well-founded.[7]The Respondent made an unauthorised deduction from the Claimant's [Tiffany Nemiah Acheampong] wages in the period 03 November 2023 – 08 December 2023, namely; a) Failed to pay wages for the period 03 November 2023 – 08 December 2023 to the sum of £838.81 (Gross)[8]The Respondent shall pay Tiffany Nemiah Acheampong £838.81. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 7(a).[9]The claimants complaint of unauthorised deductions from wages is wellfounded.[10]The Respondent made an unauthorised deduction from the Claimant's [Neha Saba Rafiq] wages in the period 07 November 2023 – 13 December 2023, namely; a) Failed to pay holiday pay to the sum of £133.69 b) Failed to pay wages for the period 07 November 2023 – 13 December 2023 to the sum of £1052.36(Gross)[11]The Respondent shall pay the Neha Saba Rafiq (£1052.36 +133.69) £1186.05. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 10 (b).[12]The claimants complaint of unauthorised deductions from wages is wellfounded.[13]The Respondent made an unauthorised deduction from the Claimant's [Ayesha Fox ] wages in the period 06 November 2023 – 30 December 2023, namely; a) Failed to pay holiday pay to the sum of £58.79 b) Failed to pay wages for the period 06 November 2023 – 30 December 2023 to the sum of £909.95(Gross)[14]The Respondent shall pay Ayesha Fox (£909.95 +58.79) £968.74. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 13(b).[15]The claimants complaint of unauthorised deductions from wages is wellfounded.[16]The Respondent made an unauthorised deduction from the Claimant's [Safiyah Amanour] wages in the period 20 October 2023 – 19 November 2023, namely; a) Failed to pay wages for the period 20 October 2023 – 19 November 2023 to the sum of £1327.51(Gross)[17]The Respondent shall pay Safiya Amanour £1327.51. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 16(a).[18]The claimants complaint of unauthorised deductions from wages is wellfounded.[19]The Respondent made an unauthorised deduction from the Claimant's [Sarina Safa] wages in the period 01 November 2023 – 19 December 2023, namely; a) Failed to pay wages for the period 01 November 2023 – 19 December 2023 to the sum of £653.30(Gross)[20]The Respondent shall pay the Sarina Safa £653.30. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 19 (a).[21]The claimants complaint of unauthorised deductions from wages is wellfounded.[22]The Respondent made an unauthorised deduction from the Claimant's [Aruja Mariha ] wages in the period 20 October 2023 – 19 December 2023, namely; a) Failed to pay wages for the period 20 October 2023 – 19 December 2023 to the sum of £2193.41 (Gross)[23]The Respondent shall pay the Aruja Mariha £2193.41. The Respondent is responsible for deducting and paying any tax or National Insurance at source in respect of 22(a).