Mr R Bacon v Bash HR and Admin Services Ltd (T/a The Orwell Hotel): 3311236/2023
JUDGMENT
The claim of breach of contract and/or unlawful deduction of wages succeeds in the sum of £1,440 (gross). The Claimant will be responsible for paying any tax due on that sum.REASONS
[1]The Claimant was employed by the Respondent as a painter and decorator between 12 June 2023 and 14 August 2023 as recorded in a written contract (stated to be between him and The Orwell Hotel) set out in a letter of 30 June 2023.[2]ACAS Conciliation took place between 6 September and 28 September 2023.[3]On 28 September 2023 the Claimant brought a claim for unlawful deduction of wages, stating he hadn’t received a dismissal letter or been paid his last 3 weeks’ wages.[4]By letter of 7 February 2024 the Respondent noted that the name The Orwell Hotel appeared to be a trading name only, and the Claimant should provide the full name of his employer. The Claimant subsequently provided a pay slip which gives his employer’s identity as Bash HR and Admin Services Ltd. 1 of 2 Case Number: 3311236/2023 (CVP)[5]The Respondent failed to present a response, and the matter was set down for a hearing to determine liability and remedy.[6]At the hearing I heard evidence from the Claimant and was referred to emails and the Claimant’s contract of employment.Findings
[7]I find that the Claimant was employed by Bash HR and Admin Services Ltd (t/a The Orwell Hotel) and I have made an order changing the name of the Respondent to that entity.[8]On 2 August 2023 the Claimant was verbally informed his employment was being terminated and that he would be paid one week’s notice pay, which he was not required to work.[9]On 3 August 2023 the Claimant was informed by Adam Pasinski, the General Manager, that in fact if he had been employed for more than 4 weeks, he would be required to work his notice commencing Monday 7 August 2023.[10]The Claimant (who had been employed for over 4 weeks) replied by email the same day to say he would be there on 7 August 2023 to work the one week’s notice.[11]On 1 September 2023 the Claimant sent an email asking why he had not received his pay on 31 August 2023. Mr Pasinski replied the same day to say he should be paid in the next few days. In a further email of 5 September 2023 Mr Pasinski said he was chasing up Head Office for the payment.[12]However, the Claimant never received any further payment and when he telephoned Mr Pasinski to ask about it, Mr Pasinski put the phone down on him.[13]On the basis of the above, I find that the Claimant was initially informed his contract was being terminated with one week’s notice on 2 August 2023. However, on 3 August 2023 that notice was effectively retracted, and he was instead informed his contract would terminate with one week’s notice commencing on 7 August 2023.[14]However, the Claimant was not paid for the last 3 weeks of his employment. According to his evidence and employment contract he worked a 40hr week at a rate of £12 per hour, which means he is entitled to payment in the sum of £1,440 (gross).