Eric Whitaker v Jason Richard Pittiglio and 1 other — 2026

Under Rule 47 of the Employment Tribunal Procedure Rules 2024 the hearing proceeded in the absence of the respondents. The Employment Judge accepted the claimant's oral evidence on oath that he had been employed as an apprentice carpenter and joiner from 31 July 2023 to 12 March 2024 on the basis of an oral contract of employment, applying the definition of an employee under s.230 of the Employment Rights Act 1996 and the test in Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance.

The Tribunal found that the respondents had failed to pay the claimant for the days and hours he worked at national minimum wage. The total sum due was calculated at £6,025.76 less £900 already paid, leaving an unlawful deduction of £5,125.76 gross. Because it was not entirely clear whether the contractual relationship was with Mr Pittiglio personally or with JP Carpentry & Joinery Ltd (in liquidation), both respondents were held jointly and severally liable.

The Employment Judge declined to make any orders under s.38 Employment Act 2002 or s.12 Employment Rights Act 1996 because those matters were not pleaded in the ET1.