Mr J Samuel v Amen Corporation Ltd: 3335195/2018
JUDGMENT
[1]The claimant suffered unlawful deductions from his wages in the sum of £2,462.07.REASONS
[1]The claimant suffered underpayment of wages in the sum of £1,779.72; and[2]They failed to reimburse him for expenses incurred on behalf of the respondent in the sum of £682.35.[3]The claimant therefore has judgment in the sum of £2,462.07. _____________________________ Employment Judge Ord Date:24 July 2019 Sent to the parties on: ....................... ............................................................ For the Tribunal Office Case Number: 3335195/2018 EMPLOYMENT TRIBUNALS Claimant Respondent Mr J Samuel v Amen Corporation Limited Heard at: Cambridge On: 02 March 2020 Before: Employment Judge Ord Appearances For the Claimant: In person (assisted by Mrs A Samuel, Wife). For the Respondent: Did not attend and was not represented.[1]This matter came before me today following the Judgment dated 12 July 2019 and case management orders also made on that date. On that previous date the claimant had judgment in the sum of £2462.07 for unlawful deduction from wages and directions were given to deal with the remaining aspects of his claim, further unlawful deductions (admitted, the respondent saying they were entitled to make the deduction as a result of the claimant having taken more holiday than that to which he was entitled during his period of employment and unpaid expenses).[2]The respondent was ordered to provide to the claimant by 9 August 2019 and deliver to the Tribunal today a statement setting out the dates upon which it is said the claimant was on holiday together with a statement of the claimant’s holiday entitlement setting out precisely how the deduction of £1040.31 and for holiday taken but not accrued was calculated.[3]The respondent has not attended today and has not provided the Tribunal any such information.[4]In those circumstances the respondent has not established that it is entitled to make the deductions from the claimant’s pay which it admits it has done.[5]There is no evidence before me which challenges the claimant’s claims for expenses as set out in the case management summary of 12 July 2019 totalling £305.62. 1 Case Number: 3335195/2018[6]In those circumstances the claimant has judgment for that sum.[7]The claimant advises me that he has received the sum of £20 from the respondent since 12 July 2019 but no other sums.[8]Accordingly, the claimant has judgment for:(i) £1040.31 for unlawful deduction from wages being the admitted sums retained from the claimant’s pay.(ii) A further sum of £305.62 for unpaid expenses, amounting to unlawful deductions from wages.[9]The claimant gives credit for the £20 received and accordingly the claimant has judgment for the total sum of £1,325.93 today (to be added to the sum of £2462.07 in respect of which he has already obtained judgment).[10]The sum currently owing under the two Judgments is £3788.00.