Mr V Pereira Da Conceicao v OTL Omega Telematics and Logistics Ltd: 3332433/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, on 9 January 2019 at 10am. Employment Judge Bedeau ____________________________ Date: 10.12.18 JUDGMENT SENT TO THE PARTIES ON …………14.12.18…………………………… AND ENTERED IN THE REGISTER ………………………………………………… FOR THE TRIBUNAL OFFICE Case Number: 3332433/2018 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr V Pereira Da Conceicao v OTL Omega Telematics and Logistics Limited Heard at: Watford On: 9 January 2019 Before: Employment Judge McNeill QC Appearances For the Claimant: In person For the Respondent: No attendance REMEDY JUDGMENT[1]It having been determined in a judgment sent to the parties on the 14 December 2018 that the claimant’s claim succeeds, the respondent is ordered to pay the claimant the sum of £6,116.29. _____________________________ Employment Judge McNeill QC Date: 26 / 01 / 2019 Sent to the parties on:30 / 01 / 2019 ............................................................ 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. Case No: 3332433/2018 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr V Pereira da Conceicao v OTL Omega Telematics and Logistics Limited Heard at: Watford On: 9 January 2019 Before:REASONS
[1]The claimant’s claim is for an underpayment of wages.[2]The respondent having failed to file any response to the claimant’s claim, a rule 21 judgment was given on 10 December 2018 and sent to the parties on 14 December 2018.[3]The judgment stated as follows, “The claim succeeds and the remedy to which the claimant is entitled will be determined at a remedy hearing on 9 January 2019 at 10am”.[4]The claimant attended at the hearing. The respondent did not attend and was not represented.[5]The claimant gave evidence and produced a detailed schedule indicating the alleged underpayments which he was claiming. In the schedule which is attached as Annex 1 to these reasons the calculations were gross and the claimant claimed £7,645.36. It was agreed that the appropriate tax deduction was 20 percent and the net figure in consequence, as agreed with the claimant, was £6,116.29. Case No: 3332433/2018 2[6]That is the sum which the respondent is ordered to pay to the claimant. I accepted the claimant’s calculations as set out in his schedule and that he had been underpaid as he alleged in the amounts set out in the schedule.