Mr MH Waheed v Ruby Security Limited. AT A HEARING — 2023

The claimant did not attend the hearing after being notified on 8 November 2023 that it would proceed, and the tribunal dealt with the case in his absence under rule 47 of the Employment Tribunal Rules of Procedure 2013. The respondent was represented by its director. The tribunal recorded that the respondent admitted an unauthorised deduction from wages and an unpaid holiday pay liability.

On the wages claim, the tribunal ordered payment of £413.25 gross for 43.5 hours worked between 24 July and 14 August 2022 at £9.50 per hour. The award was made without any purported but unnotified deduction for mileage. On the holiday pay claim, the tribunal ordered payment of £52.44 gross, being the amount calculated by the respondent for accrued holiday pay up to the pleaded termination date of 14 August 2022.

The tribunal found that there was no failure to provide a written statement of terms and conditions of employment, so there was no uplift under section 38 of the Employment Act 2002. The only dismissal claim before the tribunal was an automatically unfair dismissal claim under section 104 of the Employment Rights Act 1996.

That dismissal claim was dismissed. The tribunal said the burden of proof was on the claimant, and he had provided no evidence that he was dismissed, whether on the pleaded termination date or at all, or that the reason or principal reason for any dismissal was that he had alleged an infringement of a statutory right. The total monetary award recorded on the judgment is £465.69 gross.