Ms Ziyan Huang v Fegacode Ltd and 1 other — 2024

At what had been listed as a preliminary case management hearing before Employment Judge R S Drake on 15 November 2024 (Leeds, by CVP), the Claimant confirmed she would not pursue her discrimination complaints on grounds of marital status or religion/belief, and those complaints were dismissed upon withdrawal by consent. The remaining claim was for unpaid wages under section 13 of the Employment Rights Act 1996 in respect of 24 hours worked over six days between 12 and 25 October 2023.

The Tribunal struck out both Respondents' responses under Rule 37 of Schedule 1 to the Employment Tribunals (Constitution and Rules etc) Regulations 2013 on the basis that they had no reasonable prospect of success. The Judge noted that the Respondents' pleaded cases simply asserted they knew nothing of the Claimant or her engagement, without denying that they operated the business location where she said she had worked or pleading that the outlet was closed or staffed by others on the relevant days, and so did not engage with the Claimant's case.

The Judge found the Claimant had cogently set out her calculation of entitlement at the prevailing statutory minimum wage rate of £10.42 per hour. Judgment was entered for the Claimant in the sum of £250.08 for unlawfully withheld wages, payable by the Respondents.