Nimbrah Golding Second Claimant: Esme Laela v Envi Lounge — 2023

The respondent did not file a response, and judgment had already been entered under rule 21. A remedy hearing was held on 21 March 2023 before Employment Judge Bloch to determine the amount of the unauthorised deductions from wages claimed by the two claimants, with both claimants appearing in person and the respondent absent.

For the first claimant, the tribunal accepted her evidence that she worked 34 hours between 16 and 25 July 2021 at £7.50 per hour. She said the owners had asked her to work for a two-week period without pay on the basis that the money would be held back in case she left without notice, but she did not leave without notice and it was the respondent that dispensed with her services. The tribunal accepted that there was no basis for any deduction and awarded £255 gross.

For the second claimant, the tribunal accepted her evidence that she worked 183 hours at £7.50 per hour and that she had already received £609 by bank transfer. The tribunal also accepted her evidence about the wages being held back initially, but concluded there was no basis for any deduction once her services had been dispensed with. The schedule and reasons support an award of £763.50 for the unpaid balance, and the tribunal again allowed any Tax or National Insurance to be deducted only if actually payable and paid, with written evidence to be provided to the claimants.