Mr R Keogh v Trotter’s Independent Condiments Ltd: 8001550/2024
JUDGMENT
The Judgment of the Tribunal is that the claim is dismissed. ETZ4(WR)REASONS
[1]The claimant, Robert Keogh, brought complaints of unpaid wages and for accrued holiday pay. His claim was denied in its entirety by the respondent.[2]On 25 October 2024, the Tribunal sent a Notice to the parties to advise that a Final Hearing would take place on 14 January 2025, starting at 10.30 am, by way of video using the Cloud Video Platform (“CVP”).[3]At 10.30 am on 14 January 2025, the claimant sent an email to the Tribunal in response to a request by the Tribunal Clerk for him to join the Hearing. It was in the following terms:- “I genuinely can’t as I have commitments unforeseen and cannot be excused from them legally. I am extremely sorry for this and I would be happy for the decision to be made in my absence. Apologies again. Many thanks”[4]The respondent’s Director, Bryan Trotter, had called in at the appointed time. He had submitted a bundle of documents (“R”). He wished to proceed with the Hearing.[5]In all the circumstances, and having regard to the terms of the claimant’s email and the overriding objective in the Tribunal Rules of Procedure, I decided to proceed with the Hearing in the claimant’s absence.[6]I heard evidence from Mr Trotter, at the Hearing. He gave his evidence in a measured, consistent and convincing manner and presented as credible and reliable. In the course of the Hearing, he referred to the documentation he had submitted, some of which he also produced on the screen and referred to during the Hearing.[7]As far as the claim for unpaid wages was concerned, this related to an alleged failure by the respondent to make pension contributions to “NEST”. Mr Trotter readily accepted that due to financial difficulties which the business was experiencing at the time, he had fallen behind with these payments. However, after Mr Keogh left the respondent’s employment, on or about 12 August 2024, Mr Trotter arranged for all his outstanding pension payments to be made to NEST. He produced copies of the respondent’s bank statement showing a payment of £1,128.14 to NEST on 23 September 2024 and confirmation from NEST that payment had been made (R29).[8]I was satisfied, therefore, that this complaint is not well founded and it is dismissed. Holiday Pay[9]The claimant maintained that the respondent had changed the holiday year in the course of his employment. However, Mr Trotter produced a copy of his Contract of Employment which states that the holiday year ran from 1 April to 31 March in each year (R2-R3).[10]He also produced a copy of the claimant’s final payslip which included a payment in respect of holiday pay of £216 (R26).[11]The payslips were prepared by the respondent’s accountants and Mr Trotter gave evidence that payment of the claimant’s accrued holiday pay had been made in full which I accepted.[12]Accordingly, this complaint is without foundation and it is also dismissed.