Mr F Hussain v Cordant Security Ltd (Company No: 03153231): 3305253/2020
JUDGMENT
[1]The respondent was in breach of contract in not paying the claimant’s wages and is ordered to pay him the gross sum of £6,852.72.REASONS
[1]The respondent is in administration as from 2 March 2020. The respondent has not entered a response. The respondent’s administrators have stated it will not be represented today.[2]The automatic stay of these proceedings was lifted following the consent of the administrators given in writing on 3 March 2021. Case Number: 3305253/2020[3]The claimant’s contract of employment guaranteed him 336 hours of work per year. A year is defined as 52 weeks from the commencement date. The claimant told me he first worked for the respondent on 9 September 2015. I have taken that as the commencement date.[4]The claimant last worked for the respondent on 9 April 2017. He accepted that he had probably worked 336 hours in that year by then.[5]The claimant states that he remains employed. However, I have taken it that his employment ceased on 2 March 2020 when the respondent went into administration. I note an in-house solicitor for the Cordant Group has stated in an email dated 3 November 2020 that the claimant’s employment terminated in November 2019. However, in the absence of a response or any evidence I cannot accept that.[6]The claimant has claimed an hour rate of £8.08. However, I have taken the minimum wage of £8.21 for the year from 9 September 2018. I have taken 9 September 2019 – 2 March 2020 to be 6 months : Accordingly, 336 hours for the year end 8 September 2018 @ £8.08 = £2,714.88 336 hours for the year end 8 September 2019 @ £8.21 = £2,758.56 168 hours for the year end 2 November 2020 @ £8.21 = £1,379.28 TOTAL £6,852.72