Mrs B P Patel v Rekdi Pani Puri Ltd and Mr A Mehta: 3306313/2024
JUDGMENT
[1]The second respondent, Mr Ashvinkumar Vadilal Mehta, has made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £15,926.10 (subject to tax and National Insurance). The claimant is to give credit for £5,310.00 Paid to her.[2]The second respondent, Mr Ashvinkumar Vadilal Mehta, failed to give the claimant a written statement of particulars of employment and is ordered to pay the claimant the total sum of £2,800.00.[3]The claimant’s claims against the first respondent, Rekdi Pani Puri Ltd, are dismissed.[4]The claimant’s claims of detriment for making a protected disclosure (whistleblowing) and for a redundancy payment are dismissed.REASONS
[1]Neither respondent has submitted a response. On 26 February 2025 the second respondent sent an email to the tribunal stating:- “Re Mrs B P Patel Please note the above person has NOT been employed at Rekdi Puri Ltd as claimed and there has never been an employment contract offered to Mrs B P Patel.”[2]I am satisfied that the first and second respondents are aware of these proceedings and have decided to be absent today. I decided to proceed in their absence.The facts
[3]I heard evidence from the claimant (via an interpreter: Gujarati)[4]The claimant told me that she was employed by the second respondent and I so find.[5]The claimant was employed on 13 February 2024 and left on 21 May 2024. She worked every day save for two days holiday on 19 March 2024 and 1 May 2024. She worked 15 hours per day.[6]She was paid a total of £5,480.00 cash in hand from which the second respondent made unauthorised deductions of £170.00 for another employees stolen mobile. The claimant was therefore actually paid a total of £5,310.00.[7]The second respondent failed to pay the claimant the National Minimum Wage of £10.42 until 31 March 2024 and £11.44 thereafter. The claimant should have earned: 47 days x 15 hours x £10.42 = £7,346.10 50 days x 15 hours x £11.44 = £8,580.00 Total = £15,926.10 gross[8]The second respondent is ordered to pay the claimant £15,926.10 gross (subject to tax and National Insurance). The claimant is to give credit for £5,310.00 received.[9]The claimant was not given written particulars of employment. I award four weeks’ pay at the maximum cap of £700. 4 x £700.00 = £2,800.00[10]The claimant confirmed that she was not bringing a protected disclosure (whistleblowing) claim and I explained she could not bring a redundancy payment claim as she had less than two years continuous employment. Those claims are therefore dismissed.[11]The claims against the first respondent are dismissed. Approved by: