Mr R Dunford v Mr S M Spencer T/a Market Tap, Castleford: 6005330/2024
JUDGMENT
[1]The Claimant has established that he suffered an unlawful withholding of 240 hours pay contrary to Section 13 of the Employment Rights Act 1996 (“ERA”) for the period 25 March 2024 to 6 May 2024, his agreed gross hourly rate was or should have been £11.44, so he is thus entitled to be paid and the Respondents shall pay to him the sum of £2, 210.60 after taking account of £535.00 paid in cash.. His claim in this respect succeeds.[2]The title of the Respondent is amended so as to describe him as above on the basis I am satisfied for the purposes of Rule 89 of the now new Employment Tribunals Rules of Procedure Regs 2024 that the Claimant’s claim having been issued to Market Tap at the address at which the Claimant and the Respondent were based and that given the regularity of the Respondent’s attendance at that address, the claim will have come to his attention but yet he has not responded and is now no longer entitled under the Rules to do so.REASONS
[3]The Claimant attended in person and gave evidence orally. He also provided written evidence of is appointment as a barista at the premises (called “Market Tap” in Castleford) run by the Respondent and that indeed he was interviewed by and offered the employment by the Respondent personally, there being no corporate entity engaged there. / Case No:6005330/2024[4]I was able to accept the Claimant’s unchallenged evidence as it was persuasive and cogent. Therefore I found that he had worked a total of 1340 hours per week for 6 weeks between 25 March 2024 and 15 May 2024 but that during this period he was paid in cash, sporadically and only the sum of £535 in total..[5]I found that though there was no evidence of agreement varying the terms initially concluded, nor of the reservation of any right for the Respondent to withhold payment of wages to the Claimant. The Law and its Application[7]The Claimant’s withheld pay complaint is framed under Section 13 of the Employment Rights Act 1996 (“ERA”) which provides as follows: - “(1) An employer shall not make a deduction from wages of a “worker” employed by him unless –(a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the workers contract, or –(b) the worker has previously signified in writing her agreement or consent to the making of the deduction …”[8]I award the Claimant Judgment for unpaid wages for the period of 25 March 2024 and 15 May 2024 being 240 hours at £11.44 per hour but less the sum of £535 paid in cash and thus the total sum of £2,210.60 to which extent his claim in this respect succeeds.