Mrs Y Akhtar and v Nurtix Curae Limited (In Receivership) SITTING AT: Birmingham — 2025

The Respondent did not submit a defence and was barred from the proceedings under rule 22 of the Employment Tribunal Rules 2024, except to receive decisions, judgments and notices of hearing. The hearing proceeded with the Claimant only, sitting alone via CVP before Employment Judge G Smart. The tribunal found that the Claimant was a worker and employee under section 230 of the Employment Rights Act 1996 and that her employment terminated on 25 April 2024. The Claimant worked irregular hours with a leave year of 1 April to 31 March, and all claims were found to be in time, with a series of wage deductions running from 25 October 2023 to a final deduction payable on 25 April 2024.

The Claimant's claim for unpaid wages in breach of section 13 of the Employment Rights Act 1996 succeeded, with £5,330.90 gross owed (511.602 hours x £10.42 per hour). Her claim for statutory annual leave under Regulation 30 of the Working Time Regulations 1998 also succeeded, with £3,676.18 gross owed (5.6 weeks x £656.46 average weekly pay). Her claim for contractual holiday pay of 5.15 days succeeded, with £482.97 gross owed (5.15 days x £93.78 average daily pay).

Total compensation payable to the Claimant was £9,490.05 gross. The Respondent was directed to pay tax and national insurance on the compensation at source in the usual way; if a gross payment is made, the Claimant informed the tribunal she would account to HMRC for any tax due. Reasons were given orally at the hearing, with written reasons available only on request within 14 days.