Ms T Ellison First v Paul Ross Second Respondent: Ox Limited PRELIMINARY HEARING (By telephone) AT: LONDON SOUTH — 2017

At the telephone hearing on 14 April 2020, no response had been received from Mr Ross and neither respondent attended. Judge Mason had earlier added Ox Limited as a second respondent because it was the company named on the claimant's contract of employment, but Mr Donovan of Ox Limited said the company was dormant, had no employees, and had never employed the claimant. The claimant agreed it was likely that Ox Limited was nothing to do with the claim and that judgment should be entered against Mr Ross only, so all claims against Ox Limited were dismissed.

The tribunal accepted the claimant's evidence that she was owed £816.50 net in wages and that she had accrued 10.4 days of untaken holiday at the end of her employment, worth £783.84 net. It also accepted that when she was not paid in May 2019 she took out a £1,000 payday loan and incurred £264 interest. That sum was added to the award under section 24(2) Employment Rights Act 1996 as attributable to the failure to pay wages.

The judgment therefore upheld the unlawful deductions claim under section 13 Employment Rights Act 1996 and the holiday pay claim under regulation 14 of the Working Time Regulations 1998, with a total net award of £1,864.34 payable by Mr Ross.