Ms E Quinn v Leonidas Andreou — 2021

The tribunal heard the claim by telephone on 19 January 2021, with Employment Judge Kelly sitting alone. The respondent did not attend. The tribunal decided to proceed in the respondent's absence, noting that the case had already been delayed after an earlier listing on 26 March 2020 and that the respondent had notice of the hearing. The claimant was allowed to continue the claim against Leonidas Andreou personally, after the tribunal discussed the respondent identity issue and the claimant said she wished to pursue the named individual rather than the company referenced on the payslips.

The claim concerned alleged unpaid wages for the two weeks beginning 30 July 2019 and 6 August 2019. The claimant said she had worked 36 hours 30 minutes in the first week and 35 hours 45 minutes in the second, at an hourly rate of £10, making £722.50 due. The tribunal considered a notepad recording hours worked and payslips dated 31 July 2019 and 31 August 2019. Although the 31 August payslip showed a gross salary payment of £634.40, the claimant's evidence was that this payment related to earlier weeks in July rather than the weeks now claimed.

Because the respondent did not attend to give evidence or cross-examine the claimant, the tribunal accepted the claimant's evidence on the timing of the payments. It also rejected the respondent's response that the claimant worked only 10 hours a week, describing that account as inconsistent with the payslips and the level of payment shown. The tribunal found that the claimant was due £722.50 for the two weeks in issue and made an order for that sum.