Mr Huzaifa Farrukh v The Urban Chocolatier Ltd (UC): 3202549/2018
JUDGMENT
The Claimant’s claims for unpaid wages and accrued holiday pay succeeds. The Respondent is ordered to pay the Claimant the sum of £2,180.50 in respect of the Claimant’s claims.REASONS
[1]The Claimant presented a claim for unlawful deductions of wages and unpaid accrued holiday pay against the Respondent. The Claimant claims were initially rejected due to non-compliance with all 12(1)(f) of the Employment Tribunal rules, namely the name of the Respondent was different from that on the conciliation certificate.[2]The Claimant presented his complaint against a director of the Respondent, Mr Sadaqat Ali, on 20 December 2018. This claim was rejected and the Claimant was notified of this by letter dated 2 January 2019. The Claimant rectified the claim on 21 January 2019.[3]I considered as a preliminary matter whether the claim has been presented outside the time-limit. Having heard representations from the Claimant, that he was mistaken and that he made reference the Respondent in his claim form narrative, I decided to reconsider the rejection of the claim and concluded that it would not be in the Case Number: 3202549/2018 interests of justice reject the claim pursuant to rule 12(2A) of the Employment Tribunal rules.[4]The Claimant’s claim therefore proceeded.Evidence
[5]The Claimant gave evidence under oath and referred to miscellaneous documents to establish his claim.[6]He stated he commenced employment with the Respondent on 10 June 2018 as a waiter and was employed until he resigned[7]The Claimant’s contract entitled him to be paid £7 an hour. He was paid the appropriate sum for his hours worked in June 2018.[8]The Claimant stated that he worked 102 hours for July 2018 but was only paid £598.28. He claims a shortfall of £115.72 for this month.[9]The Claimant stated that he worked 144 hours in August 2018 consisting of 18 shifts at 8 hours per shift. The Claimant was not paid any sum for this work and claims £1008 for this month.[10]The Claimant stated that he worked 64 hours in September 2018 consisting of 8 shifts at 8 hours per shift. The Claimant was not paid any sum for this work and claims £448 for this month.[11]The total claim for unpaid wages is therefore £1571.72. The Respondent is ordered to pay the Claimant this sum.[12]In respect of holiday pay the Claimant would have earned £2137.82 for 4 months work. This equates to £123.34 per week. The Claimant did not take any holiday and therefore had a pro rata accrued holiday entitlement of 1.4 weeks pay. This amounts to £172.68. The Respondent is ordered to pay the Claimant this sum.[13]The sum due in respect of the Claimant’s claims is therefore £1744.40. A further sum of £436.10 is added to this sum to reflect a 25% uplift for failure by the Respondent to engage with the Claimant’s grievance.[14]The Respondent is therefore ordered to pay the Claimant the total sum of £2,180.50.