Mr R Richardson v Fratellis Master Caterers Limited trading as Fratellis Bar and Restaurant Fratellis Bar and Restaurant — 2023

Mr R Richardson brought a complaint of unauthorised deductions from wages. The respondent did not enter an ET3 response. A notice had been sent to the respondent on 5 October 2022, and the hearing proceeded under Rule 21 of the Employment Tribunal Rules 2013 after the tribunal was satisfied the respondent had notice of the proceedings.

At the hearing on 2 March 2023, the claimant gave oral evidence and referred to his contract of employment, his own payment records and bank statements. Mr Gianluca Imbimbo, a director of the respondent, attended and explained that he had been dealing with personal difficulties and had not reviewed correspondence sent to the address, and that the company was intended to be liquidated. He was not permitted to give evidence or cross-examine the claimant, but he was allowed to make submissions on the evidence and the wage calculations.

The tribunal upheld the claim under section 13 of the Employment Rights Act 1996 and ordered the respondent to pay £1,527.74 in respect of unpaid wages for the period from July 2021 to May 2022. The judgment states that the sum is expressed gross of tax and national insurance, with any lawful deductions for HMRC to be made by the respondent if applicable.