S Mayeli v ZM BJ Brands Ltd — 2023

The respondent did not present a valid response on time, and the Employment Judge therefore made a determination under rule 21 of the Employment Tribunals Rules of Procedure 2013. On that basis, the tribunal decided the claim without a hearing on liability and recorded that the respondent had failed to respond in time.

The tribunal upheld the claim for unauthorised deduction from wages. It found that the claimant was owed wages for 40 hours per week at £9.50 per hour, equating to £380 per week, and that two weeks' pay was unpaid. The tribunal ordered the respondent to pay £760 gross for that claim.

The tribunal also upheld the claim for unpaid holiday entitlement. It calculated the daily rate as 8 hours at £9.50 per hour, being £76 per day, and applied statutory part-time holiday entitlement of 16.8 days. That produced an award of £1,276.80. A separate notice on interest stated that interest would apply under the Employment Tribunals (Interest) Order 1990 unless the sums were paid within 14 days of the written decision, with 23 February 2023 identified as the relevant decision day and 8% per annum as the stipulated rate.