Mr J De Vriess v Miramar 246 Limited (In voluntary liquidation) — 2023

The claimant, Mr J De Vriess, was employed by Miramar 246 Limited from 08 November 2022 to 03 May 2023 as a waiter. He was dismissed without prior warning or notice by reason of redundancy. The claim form presented on 03 August 2023 referred to redundancy payment, wrongful dismissal, outstanding holiday pay and arrears of pay, but the judgment ultimately determined only the wage and holiday pay issues.

The respondent did not return a response by the response date, so the tribunal considered the case under rule 21 of the Employment Tribunals Rules of Procedure. The tribunal recorded that the claimant was 19 years old at termination and was paid £7.49 an hour, the national minimum wage rate for his age. It found that, as at dismissal, the respondent had failed to pay him for 120.25 hours worked in the previous four weeks, made up of the hours set out in paragraph 7 of the reasons.

On that basis, the tribunal held that the claim of unauthorised deduction of wages was well-founded and succeeded. It ordered the respondent to pay the claimant the gross sum of £900.67. The tribunal said it had sufficient material to determine that claim properly.

The claim for payment of accrued but untaken holidays under regulation 30 of the Working Time Regulations 1998 was dismissed. The tribunal noted that although the claimant indicated on the ET1 that he wished to pursue unpaid holiday pay, no details of such a claim were set out in the claim form and no further information was provided after the 05 December 2023 case management orders.