Mr J Nwosu v L J Health and Wellbeing Limited — 2024

The claimant worked as a care support worker for the respondent limited company for around three months in summer 2023, at hourly rates of £10.50 (weekdays) and £11.20 (weekends). He completed timesheets signed by senior nurses for five shifts worked between 22 August and 1 September 2023, but was not paid for those shifts despite pursuing the respondent and being assured by the director, Mr Liam Jackson, that payment would follow once timesheets were sent.

The respondent failed to submit a response in time, filed a late response without an application to extend time, and did not attend the hearing. The Employment Judge rejected the late response under Rule 18 and proceeded in the respondent's absence, finding it in the interests of justice to do so given the claim was quantifiable from documentary and oral evidence. Applying section 13 of the Employment Rights Act 1996, the Tribunal found wages of £444.85 were properly payable and ordered the respondent to pay that sum.

The unfair dismissal complaint was dismissed on withdrawal because the claimant did not have the requisite two years' service. The respondent's title was amended to LJ Health and Well-being Limited, and the judgment was directed to be sent to both the claim form address and the company's registered office.