Claimant v Evolution Corporate Acquisitions Limited — 2020

The Respondent did not file an ET3 Grounds of Resistance. Employment Judge Nicolle therefore determined the claim without a hearing under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The judgment records that the Claimant was Mr S Cushing and the Respondent was Evolution Corporate Acquisitions Limited.

The Tribunal found that the Respondent unlawfully failed to pay wages for the period between 1 December 2019 and 14 February 2020 in the gross sum of £21,538.46. It also found that the Claimant was entitled to £4,442.30 for accrued holiday entitlement for his employment between 14 October 2019 and 14 February 2020, on the basis of 11 unused days and a daily rate of £403.85.

In addition, the Tribunal found that, because the Claimant relied on oral representations made by Maria Laura Iglesias, the Respondent's CEO, before he started work, he was owed a further net sum of £8,465.56 in respect of arrears of pay from Orwell Group Holding Ltd, to be grossed up. The Tribunal also found that the Claimant had not been paid for his three-month contractual notice period under clause 11.1 of the Contract of Employment dated 14 October 2019, and awarded £16,244.34 net for that head of claim. The order states that the Respondent must pay the unpaid wages and accrued holiday entitlement together with the further sum and the notice pay, and that the Claimant is responsible for applicable tax and employee national insurance contributions on sums paid gross.