Mr K Fraszczak v Allied Health Staffing Solutions: 3200814/2020
JUDGMENT
The complaint of Unfair dismissal is struck out.REASONS
[1]By a letter dated 29 May 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Unfair Dismissal should not be struck out because it:• It appears from your claim that you were employed for less than two years you did not respond and therefore your claim for unfair dismissal is struck out.• Your remaining claim for wages will continue, please send to the Tribunal your schedule of loss on or before 26 October 2020.[2]A Notice of Hearing will be sent in due course. Employment Judge Burgher 13 October 2020 ........................................................................ ........................................................................ FOR THE TRIBUNAL OFFICE Case Number: 3200814/2020 A 1 EMPLOYMENT TRIBUNALS Claimant: Mr Krzysztof Fraszczak Respondent: Allied Health Staffing Solutions Limited t/a Allied Health Staffing Solutions Heard at: East London Hearing Centre via Telephone On: Friday 27 November 2020 Before: Employment Judge John Crosfill Representation Claimant: In person Respondent: No appearance or representation[1]The Claimant’s claim for unlawful deduction of wages brought under Part II of the Employment rights Act 1996 is well founded.[2]The Respondent unlawfully deducted the sum of £3600 from the Claimant’s wages for work done during the period 9 December 2019 to 5 January 2020 during which the Claimant performed 112.5 hours of work at the rate agreed between the parties of £32.00 per hour.[3]The Claimant has suffered consequential losses because of the Respondent’s failure to pay him in accordance with the terms of the agreement between them. Case Number: 3200814/2020 A 2 His current account with the Halifax bank was overdrawn incurring a daily charge of £5 from the date that the Claimant should first have been paid being 15 December 2019 to 25 February 2020 when the Claimant received sums from alternative employment being 72 days and a total of £360. The Tribunal declares that the Claimant is entitled to recover the said sums pursuant to Section 24(2) of the Employment Rights Act 1996[4]The Respondent is ordered to pay the Claimant the sum of £3960 of which £3600 is the wages to which he is entitled.