Gyunay Hasanov v Prima Nova Limited — 2021

The claimant, Gyunay Hasanov, gave evidence in person. Prima Nova Limited did not attend, was not represented, and had not filed a response. The tribunal relied on the claim form, the claimant's emails of 6 April and 17 May 2021, and an email from the respondent dated 20 April 2021. It considered section 13(3) of the Employment Rights Act 1996 for unlawful deductions from wages and regulation 14 of the Working Time Regulations 1998 for holiday pay.

The tribunal found that the claimant had been employed as a pizza chef from 24 September to 6 December 2020. His net weekly wage was £400 and his daily net wage was £80. It found that wages were regularly paid late, that he was paid two weeks in arrears, and that he did not receive payslips. On the evidence accepted by the tribunal, he was short of £199.40 for his final week, and £241.60 in respect of each of the two weeks held back in hand. After taking account of payments of £150 in January, £150 in March, and £200 on 10 May 2021, the tribunal found that £182.60 remained outstanding and upheld the unlawful deduction from wages complaint in that amount.

On holiday pay, the tribunal found that the claimant took no holidays during the employment and accrued 5.7 days' leave. Using the daily rate of £80, it calculated that £456 was due in respect of accrued but untaken leave and upheld the Working Time Regulations complaint for that sum.