Mr A Martin v Black and Irons Bar and Grill Ltd — 2022

The respondent had filed a response admitting problems with payment but denying that anything further was owed for wages and saying it intended to make payment for holiday. On 15 September 2022, a director emailed the tribunal saying, among other things, that he did not disagree with Mr Martin’s claim, that the respondent was in liquidation, and that he would not attend. No postponement was requested, and the tribunal proceeded in the respondent’s absence under Rule 47, finding that it could make a fair decision on the evidence available.

Before giving evidence, Mr Martin confirmed that the details on the claim form remained correct, save for a payment of £147.37 received after the claim was issued. The tribunal accepted his sworn evidence. It found that, as at termination of employment around 1 July 2021, he was owed unpaid wages of £260.69, two weeks’ notice pay at £144 per week amounting to £288, and unused holiday entitlement of £108, giving a total of £656.69.

The tribunal also noted that Mr Martin was below the income level that would have required PAYE deductions and that there was no confirmation from the respondent about how the later payment of £147.37 was calculated or whether any PAYE deductions had been made. It therefore ordered the respondent to pay the gross sum of £509.32 within 14 days, reflecting the balance outstanding after crediting the partial payment already made.