Mr K Mahmood v Goldens (Derby) Limited — 2020

The respondent did not present a response, so the tribunal entered judgment under rule 21. On the papers, the tribunal accepted the claimant's calculations of wages properly due under the National Minimum Wage Act 1998 and associated regulations for the two years before the claim, and found an unauthorised deduction from wages. It ordered repayment of £33,307.60 gross.

The tribunal also found that the claimant had not been paid for two weeks of annual leave taken over the 2019 Christmas period. It awarded £1,313.60 gross for that unpaid leave, but did not accept the wider request for accrued but untaken holiday while employment was continuing, saying that issue was not presently within its jurisdiction. The reasons state that the two Christmas weeks should have been paid at £328.40 per week gross.

In addition, the tribunal found that the respondent was in breach of its duty to provide a written statement of main terms and conditions under s.1(1) or 4(1) of the Employment Rights Act 1996. It made an award under s.38 of the Employment Act 2002 at the higher level of four weeks' pay and recorded an additional net sum of £2,627.20. The total award recorded by the judgment is £37,248.40.