Miss S Peacock (Radionova) v Mr Tariq Jawed — 2023

The claimant brought complaints of unlawful deduction from wages, failure to pay accrued holiday pay, breach of contract arising from failure to make statutory pension contributions, and failure to provide itemised pay statements. The respondent defended the claim but did not attend the final hearing and did not comply with earlier case management orders requiring disclosure of calculations and supporting documents. The tribunal proceeded in the respondent's absence, was satisfied that he knew of the hearing and the orders, and accepted the claimant's evidence with the benefit of an interpreter.

On the wages claim, the tribunal accepted that the claimant had worked more hours than she was paid for and that her pay fell below the National Minimum Wage. It found a shortfall of £15,375.60 and, in addition, £1,059.40 for unpaid overtime, making £16,435 in unpaid wages. The tribunal ordered the respondent to pay that sum gross.

The tribunal also accepted the claimant's calculation of holiday pay and found £3,353.64 due for the period from 1 May 2021 to 31 December 2022. On pensions, the tribunal said that under the Pensions Act 2008 the respondent was obliged to enrol the claimant in an automatic enrolment scheme and pay 3% of her pension, and it awarded £493.05 for the missed employer contributions. Finally, it accepted that no itemised pay statements had been provided, declared that failure, and made no further compensation award on that point. The total sum ordered was £20,281.69.