Miss Nicole Cumming v Trimetro Ltd and others: S/4103409/2018
JUDGMENT
The Judgment of the Employment Tribunal is that:-(i) The first respondent shall pay to the claimant the sum of Four Hundred and Fifty Pounds and Fifty Pence (£450.50) which sum was deducted without authority from the claimant’s wages; and(ii) The first respondent shall pay to the claimant the sum of Two Hundred and Forty Two Pounds and Eighty Four Pence (£242.84) as holiday pay; and(iii) The second respondents shall be dismissed from the proceedings. E.T. Z4 (WR)REASONS
[1]The claimant sought to recover outstanding wages and holiday pay. The claimant appeared at the hearing. Neither respondent appeared or was represented. The second respondents had entered an appeal claiming that they did not know the claimant. They denied ever having employed the claimant. The claimant gave evidence. The Tribunal proceeded on the basis that the claimant was employed by the first respondent. This was based primarily upon the claimant having produced payslips which were in the name of the first respondent.[2]The claimant was employed by the first respondent from 9 October 2017 to 3 February 2018. For the period 21 December 2017 to 21 January 2018 the claimant did not receive payment of her wages. The total wages not paid to the claimant total £450.50 (53 hours x £8.50).[3]The Tribunal was satisfied that the above sum had been deducted from the claimant’s wages without authority. This is a sum that was properly payable to the claimant. The respondent shall therefore be ordered to make payment of the outstanding wages of £450.50 to the claimant.[4]During her period of employment the claimant did not take any annual leave. The claimant is entitled based upon her statutory entitlement, to the equivalent of 20 hours of holidays. This totals £242.84, a sum the first respondents shall be ordered to pay to the claimant.[5]In the circumstances that the Tribunal has proceeded on the basis the claimant was employed by the first respondent, the second respondent shall be dismissed from the proceedings.