Mr James Dunham v Respondent — 2020

On 6 February 2020, Employment Judge Garnon entered judgment under rule 21 of the Employment Tribunals Rules of Procedure 2013 after the respondent filed no response. The judgment records that the respondent name was amended to Total Solutions Group (London) Limited, that service had been effected at the registered office, and that the material supplied in the claim form and later correspondence was sufficient to decide liability and remedy.

The tribunal found that the claims of unlawful deduction of wages and failure to pay compensation for untaken annual leave were well founded. The claimant's gross hourly rate was found to be £8.25, and the tribunal accepted that he had worked 57.5 hours for which he had not been paid. It therefore ordered repayment of £474.38 gross of tax for the wages claim.

On holiday pay, the tribunal applied regulation 14 of the Working Time Regulations 1998 and found that, of the claimant's 5.6 weeks' annual leave entitlement, he had taken 90 hours less leave than his proportionate entitlement up to the termination date. It awarded £742.50 gross of tax as compensation for untaken annual leave. The hearing listed for 14 February 2020 was cancelled.