Mr Gilbert (lay representative) For the v Alphan Café Ltd — 2023

The tribunal proceeded in the respondent’s absence under Rule 47 of the Employment Tribunal Rules of Procedure 2013. Employment Judge Fredericks-Bowyer recorded that the respondent’s representatives had come off the record, the tribunal had emailed the respondent twice without reply, no telephone number had been provided, the respondent had not prepared a bundle, and the claimant had received no contact from the respondent.

The tribunal found that the respondent failed to pay Mrs N Gilbert the National Minimum Wage throughout her employment and ordered payment of £5,597.10 to make up that shortfall. It also found unlawful deductions from wages within the period recoverable after application of section 23(4A) Employment Rights Act 1996, running from 10 November 2020 to 28 July 2022.

Within that deductions claim, the tribunal ordered £1,991.93 for accrued but untaken and unpaid holiday between 10 November 2020 and 10 November 2022, and £96.35 for unlawfully deducted sick pay in August 2021. The tribunal said the sick pay deduction was part of the overall continuing run of deductions.

The tribunal further found that the respondent had failed to provide written particulars of employment. It considered it just and equitable to award the higher amount of four weeks’ pay under section 38 Employment Act 2002 and ordered £855.00. The tribunal stated that the sums at paragraphs 2 to 5 were gross amounts subject to tax and deductions, while the section 38 award was not, and the total gross amount payable was £8,540.38.