Mr C D’Amato v Anthony Frank Ltd: 3314445/2020
[1]The Claimant has suffered unlawful deductions from his wages for the period 1 September 2020 to 4 January 2021 (18 weeks).[2]The Claimant’s weekly net wage was £244.03 and his gross weekly pay was £269.88.[3]The Claimant received furlough pay up to and including 31 August 2020. He worked at a restaurant operated by the Respondent at Kings Avenue, London.[4]The Claimant was receiving furlough pay up to 31 August 2020, but did not receive any payment from 1 September 2020 onwards. He asked what was happening and received no reply. He asked for a copy of his Contract of Employment and was refused any such document.[5]The Claimant made efforts to find out what was happening and ultimately had to seek alternative work which began on 4 January 2021.[6]In the absence of any evidence to the contrary, I was satisfied that 4 January 2021 was the effective date of termination.[7]The period of 1 September 2020 to 4 January 2021 is a period of 18 weeks. The Claimant has suffered loss of earnings for that period at the rate of £244.03 per week, a total of £4,392.54. Case Number: 3314445/2020 2[8]The Claimant was not provided with written terms and conditions of his employment. I award two weeks pay at the figure of £269.88, a total of £539.76.[9]Accordingly:9.1 The Claimant has suffered unlawful deductions from wages in the sum of £4,392.54;9.2 The Claimant is awarded the sum of £539.76 for the Respondent’s failure to provide him with a written statement of the terms and conditions of his employment;9.3 The total award to the Claimant is therefore £4,932.30 21 July 2021 _____________________________ Employment Judge Ord Sent to the parties on: 12 August 2021 S. Bhudia For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.