Mr Ryan McGrath For the v Fizz Wine and Cocktail Bar Ltd — 2023

At the hearing on 13 January 2023 before Employment Judge Alliott sitting alone, the respondent did not attend and had not presented a response. The tribunal noted that the claimant had worked 146 hours in July, August and September 2021 and had taken 9 days, or 72 hours, holiday, but had not been paid for those hours. Her hourly rate was £11.

The tribunal accepted the claimant’s account and found the claim for unauthorised deduction of wages and/or breach of contract well founded. It calculated the unpaid amount as 218 hours at £11 per hour, producing a gross sum of £2,398 subject to tax and National Insurance deductions. The claimant was required to give credit for £800 already received on 6 September 2021.

The reasons also record that the respondent had been notified of the hearing on 31 May 2022, that a company search showed the respondent as active but with a proposal to strike off, and that the claimant said the respondent was no longer trading at its former address. The tribunal proceeded to hear the remedy hearing in the respondent’s absence.