In person For the v Shoguns Animation Ltd — 2020

The respondent company had been dissolved on 3 September 2019 and filed no response. The preliminary hearing on 11 March 2020 at Watford, before Employment Judge Alliott, proceeded in the respondent's absence and was listed to deal with remedy only. The claimant said his last day of work was 12 October 2018.

The tribunal recorded that the claim was presented on 27 March 2019, which was 1 month and 17 days outside the primary limitation period after taking account of early conciliation. It accepted the claimant's evidence that he did not realise he could bring a claim until he heard about another co-worker's claim, and held that it was not reasonably practicable for him to present the claim within the original time limit. The claim was therefore allowed to proceed.

On the merits, the tribunal found that the claimant worked 74 days between 14 May and 12 October 2018, amounting to 518 hours. Applying the s.28 National Minimum Wage Act presumption, it held that the claimant qualified for the National Minimum Wage and had been paid less than it. As he had in fact been paid nothing, the complaint of unauthorised deduction of wages and/or breach of contract for failure to pay the National Minimum Wage was made out.

The tribunal calculated the sum due at 518 hours multiplied by £7.83, producing a gross award of £4,055.94.