Mr A Powierski v The Mosaic Spa Company PRELIMINARY HEARING Heard: BY TELEPHONE (BT MEET ME) — 2021

This was a remote preliminary hearing before Employment Judge JM Wade on 16 June 2021. The claimant, Mr A Powierski, appeared in person. The respondent, The Mosaic Spa Company, did not appear. The tribunal noted that no response had been presented by the return date, although a response form was later uploaded on 4 June 2021 without any accompanying explanation for lateness or an application for an extension of time.

The tribunal treated the matter as suitable for a Rule 21 judgment because there was sufficient information on the file. The claimant had also sent an email on 9 June 2021 with further information, and the tribunal confirmed information on the file in his first language with him. The judgment records that the respondent’s defence, found after the hearing had started, was inconsistent with the claimant’s text message exchanges, but the tribunal did not need to determine that further because the response was not in time.

The claimant’s complaints of unlawful deduction from wages and Regulation 14 holiday pay on termination of employment succeeded. The tribunal ordered the respondent to pay gross sums of £625, described as 50 hours at £12.50, and £375 for holiday pay. The judgment also stated that it would be for the claimant to account for any tax or national insurance on those sums.