Miss J Rees and Others v Mr J Orford T/a Bull and Butcher: 3301804/2020 and Others
JUDGMENT
The response and counter claim are struck out.REASONS
[1]By a letter dated 19 December 2020 the Tribunal gave the resondent an opportunity to make representations or to request a hearing, as to why the complaint of response should not be struck out because the respondent had not complied with the Order of the Tribunal dated 12 September 2020.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response and counterclaim are therefore struck out.[3]The claimants remaining claims remains listed for hearing on 14 May 2021. _____________________________ Employment Judge Gumbiti-Zimuto 26/02/2021[1]The First Claimant’s claim for a bonus payment fails and is dismissed.[2]The First Claimant’s complaints of breach of the Working Time Regulations 1998 and of unauthorised deduction from wages are each well-founded.[3]The Respondent is ordered to pay the First Claimant 3.1. £1103.32 as compensation for failure to pay in lieu of holiday entitlement 3.2. £2800 being the amount of the unauthorised deduction 3.3. In each case, the amount stated is the gross sum and if the Respondent is obliged to make PAYE deductions then the judgment is satisfied by paying the net sum to the First Claimant, but only so long as the Respondent properly accounts to HMRC for any such deduction. Otherwise, the Respondent must pay the gross sum to the First Claimant.[4]In addition, I award £831.66 (being 2 weeks’ pay) in accordance with section 38 of the Employment Act 2002. Second Claimant[5]The Second Claimant’s complaints of breach of the Working Time Regulations 1998 and of unauthorised deduction from wages are each wellfounded. Case No: 3301804/2020, 3301973/2020, 3301974/2020, 3307086/2020[6]The Respondent is ordered to pay the Second Claimant 6.1. £269 as compensation for failure to pay in lieu of holiday entitlement 6.2. £2900 being the amount of the unauthorised deduction 6.3. In each case, the amount stated is the gross sum and if the Respondent is obliged to make PAYE deductions then the judgment is satisfied by paying the net sum to the Second Claimant, but only so long as the Respondent properly accounts to HMRC for any such deduction. Otherwise, the Respondent must pay the gross sum to the Second Claimant.[7]In addition, I award £619.82 (being 2 weeks’ pay) in accordance with section 38 of the Employment Act 2002. Third Claimant[8]The Third Claimant’s complaint of breach of the Working Time Regulations 1998 is well-founded.[9]The Respondent is ordered to pay the Third Claimant 9.1. £274.05 as compensation for failure to pay in lieu of holiday entitlement 9.2. The amount stated is the gross sum and if the Respondent is obliged to make PAYE deductions then the judgment is satisfied by paying the net sum to the Third Claimant, but only so long as the Respondent properly accounts to HMRC for any such deduction. Otherwise, the Respondent must pay the gross sum to the Third Claimant.[10]In addition, I award £539 (being 2 weeks’ pay) in accordance with section 38 of the Employment Act 2002.