Mr S Hughes v S Stern and others: 3312251/2023
JUDGMENT
It is the judgment of this Tribunal that the Claimant is awarded the sum of £3,392.71 against the Second Respondent. This sum is calculated as follows:[1]£745.14 legitimately incurred but unpaid expenses under the Claimant’s contract of employment.[2]£1,107.57 monies in lieu of accrued and untaken holiday at termination.[3]£1,540.00 unlawful deduction of wages being sums deducted from wages to be paid into the employees pension which were not paid into the pension. Total £3,392.71 payable by the Second Respondent to the Claimant. Case Number:- 3312251/2023 2REASONS
[2]The Claimant presented this claim to the Employment Tribunal under an ET1 on 23 October 2023. This was pursuant to early conciliation that took place between 21 September 2023 and 26 September 2023, which was the date of the ACAS early conciliation certificate. In it the Claimant claimed expenses properly payable under his contract of employment and other sums, including holiday pay and an unlawful deduction from his wages.[3]Initially, the claim was against the first Respondent only. The first Respondent did file and serve an ET3 denying the claims.[4]It is, however, accepted that the Claimant was employed as a business development manager between 1 October 2022 and 31 August 2023. Case No:- 3312251/2023 2[5]At a Preliminary Hearing before EJ Dick on 1 July 2024, the second and third Respondents were joined.[6]A Full Merits Hearing was listed for 16 October 2024.[7]That hearing came before me.[8]There was no attendance from either the first, second or third Respondent. I heard from the Claimant who explained to me that at termination sums were legitimately due to him for expenses under his contract of employment of £745.14.[9]Moreover, holiday pay of £1,107.57 was due to him by way of pay in lieu of accrued untaken holiday at termination of employment under the Working Time Regulations 1998, as amended. He also pursued a claim for unlawful deduction of wages of £1,540.00.[10]Having seen the Claimant’s pay slips and having heard from the Claimant, it appears that the second Respondent was the Claimant’s employer. Accordingly, judgment is given against the second Respondent and the first and third Respondents are discharged from the proceedings. I am satisfied that this is the case in the absence of any representation from any of the Respondents.[11]Accordingly, judgement is given.[12]It is the Judgment of this Tribunal that the Claimant is awarded the sum of £3,392.71 against the second Respondent. This sum was calculated as follows 12.1. £745.14 legitimately incurred but unpaid expenses under the Claimant’s contract of employment. 12.2. £1,107.57 monies in lieu of accrued and untaken holiday at termination under the Working Time Regulations 1998 as amended. 12.3. £1,540.00 being an unlawful deduction of wages.[13]The total of £3,392.71 is payable by the second Respondent to the Claimant. Approved by: