Ms D Agapidis v F Bogdan T/a Malt & Hops and Genius Lab Ltd: 3314496/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]Neither respondent has filed a response. Based on the Claimant’s description, his employer was R1 and, although the Claimant was paid via R2, R2 was not his employer.[2]The complaints against R2 are dismissed as it was not his employer.[3]The respondent R1 has made an unauthorised deduction from the claimant's wages and Florin Bodgan is ordered to pay the claimant the net sum of £2400. It was agreed that the Claimant would receive £200 per day net, and so if there is tax or national insurance payable, then Florin Bogdan must account to HMRC for that.[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1200 (being 1 weeks net pay).[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £716 (and, to the extent, it at all, that there would have been PAYE deductions from a gross sum, so as to leave the Claimant with £716 net, R1 must account to HMRC for that).