Joseph Massey-Allen First v Karl Warriner Second Respondent: KW Plumbing & Heating — 2020

The claimant, Joseph Massey-Allen, presented a claim on 10 February 2020 for unpaid wages and notice pay. No response was received in time, and the tribunal initially did not issue a rule 21 judgment because it needed clarification as to which respondent was the employer and what amounts were claimed. The tribunal later recorded that the two named respondents effectively merged into one because the claimant's employer was Karl Warriner trading as KW Plumbing & Heating.

At the telephone hearing on 17 April 2020, attended by the claimant's father, Mr Kevin Allen, the tribunal was satisfied that the First Respondent was the claimant's employer and had been properly served with the claim form. The tribunal found that the claimant had been employed as an apprentice plumber from 7 October 2019 to 24 November 2019, worked 37 hours per week, and was paid £148 per week. His employment ended without notice when he received a text from the First Respondent on 24 November 2019, and he was entitled to one week's notice.

On the wages claim, the tribunal found that four weeks' wages from 28 October had not been paid, amounting to £592, rather than the £582 stated in the claimant's letter. It also found that he had worked six hours of overtime on one Saturday shortly before termination and, because there was no agreement to pay anything other than the flat rate, £24 was due for that work. The tribunal therefore upheld the unauthorised deduction of wages claim and awarded £616 gross. It also upheld the failure to give notice claim and awarded £148, making a total award of £764.