Mr T Saeed v KH2A Ltd: 3307189/2022
JUDGMENT
[1]The Claimant suffered unlawful deductions from wages in the sum of £923.09.[2]The Claimant was dismissed in breach of contract and is awarded the sum of £384.62.[3]The Respondent has conducted these proceedings unreasonably and the Claimant is awarded the sum of £300.00 by way of a Preparation Time Order.[4]The total sum due from the Respondent to the Claimant is therefore £1,607.71.REASONS
[1]The Claimant was employed by the Respondent as a Civil Structural Engineer from 7 – 22 March 2022.[2]After a period of Early Conciliation which began on 13 April and ended on 24 May 2022, the Claimant presented his Claim Form to the Employment Tribunal on 20 June 2022 seeking his outstanding wages, notice pay and “other payments” which were not specified at any time.[3]The Claimant was engaged on a salary of £20,000 per annum (£384.62 per week). He was not paid for any of the period of his employment and Case Number:- 3307189/2022. nor was he paid his period of notice which would be contractually one week.[4]The Claimant has therefore suffered the following:- 4.1. Unlawful deduction from wages of 2.4 weeks’ pay: £923.09; and 4.2. Non-payment of his notice pay in breach of his contract of employment in the sum of: £384.62.[5]The Respondent has failed to take any part in these proceedings throughout. It has ignored Tribunal correspondence, has not submitted a Response to the Claimant’s complaint and I am told did not engage through ACAS. At one stage the Respondent attempted to intimidate the Claimant by instructing the Police regarding his attempts to receive what was rightfully his.[6]I am satisfied that the Respondent has conducted these proceedings unreasonably. He failed to attend two Hearings, including today. The Claimant has been put to unnecessary costs and the Tribunal awards the Claimant the sum of £300 by way of a Preparation Time Order. 21 November 2023