Ms R Chand and others v S Boi Ltd (Company number 15185439): 3201440/2024 and others
JUDGMENT
[1]The second claimant (Kanchan Nakarmi) and the respondent being neither present nor represented during the Final Hearing listed at 12 noon on 12 December 2024 at the East London Hearing Centre by Cloud Video Platform and at a point in excess of 10 minutes after the time set for the Final Hearing, on the Clerk to the Tribunal advising that there are no contact telephone numbers or email addresses on the Tribunal file relating to the said parties, and the second claimant and the respondent not having otherwise communicated with the Tribunal in relation to their nonattendance at the Final Hearing; on the second claimant’s and the respondent’s non-attendance; and on the Tribunal’s own initiative, and having considered the content of the Tribunal file, the Tribunal dismisses the second claimant’s claim and hereby proceeds to hear the first claimant’s and third claimant’s claims in terms of Rule of Procedure 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. - 1 -[2]The first claimant’s and the third claimant’s claims in respect of a redundancy payment are dismissed by reason that they have not been continuously employed for a period of not less than two years pursuant to section 155 of the Employment Rights Act 1996.[3]The first claimant’s and the third claimant’s complaints relating to other payments having been withdrawn by the first and third claimants, are dismissed under Rule 52 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[4]In default of the respondent presenting a Response within the relevant time limit and having regard to Rule 21 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the Judgment of the Tribunal is that: In respect of Ms Roshani Chand (“first claimant”)4.1 The first claimant was dismissed in breach of contract and the respondent is ordered to pay damages to the first claimant in the sum of ONE THOUSAND TWO HUNDRED POUNDS (£1200.00) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the first claimant for any such payment.4.2 The respondent has made an unauthorised deduction from the first claimant's wages in respect of holiday pay and is ordered to pay the first claimant the sum of ONE THOUSAND FOUR HUNDRED AND FIFTY-EIGHT POUNDS AND SIXTY PENCE (£1458.60) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the first claimant for any such payment.4.3 The respondent has made an unauthorised deduction from the first claimant's wages in respect of wage arrears and is ordered to pay the first claimant the sum of TWO THOUSAND NINE HUNDRED AND FORTY-TWO POUNDS AND SEVENTY-TWO PENCE (£2942.72) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the first claimant for any such payment. In respect of Mr Aman Sharma (“third claimant”):4.4 The third claimant was dismissed in breach of contract and the respondent is ordered to pay damages to the third claimant in the sum of ONE THOUSAND AND THIRTY POUNDS (£1030.00) subject to any required deductions for tax and national insurance - 2 - provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the third claimant for any such payment.4.5 The respondent has made an unauthorised deduction from the third claimant's wages in respect of holiday pay and is ordered to pay the third claimant the sum of FOUR HUNDRED AND FORTY POUNDS (£440.00) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the third claimant for any such payment.4.6 The respondent has made an unauthorised deduction from the third claimant's wages in respect of wage arrears and is ordered to pay the third claimant the sum of ONE THOUSAND TWO HUNDRED AND THIRTY POUNDS AND TWENTY-FIVE PENCE (£1230.25) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the third claimant for any such payment.