Mr M Aghajanpour v Represented by: Ms E Crawley - Strathclyde Law Clinic Darios Pizzeria Westend — 2019

The tribunal found Mr Aghajanpour to be credible and reliable. It held that his employer was Westend Pizzaplace Ltd, and judgment was therefore entered against the second respondent, which was the employer entity responsible for payment.

On the unlawful deduction from wages claim, the tribunal found that the claimant had been paid £5 per hour when the national minimum wage for his age was £7.83. On the claimant's evidence, accepted by the tribunal, he worked 310 hours at a shortfall of £2.83 per hour, producing an underpayment of £877.30. The tribunal also found that he had worked four days for which he was not paid, namely 4, 6, 8 and 9 August 2018, and that he was due £184.01. A further £200 had been deducted from his wages and had not been authorised or repaid.

The tribunal also found that the claimant had accrued but untaken holiday leave of 36 hours and 50 minutes, for which £264.49 was due. In addition, it found that he never received a statement of terms and conditions of employment and never received payslips. For that failure, it made an award under section 38 of the Employment Act 2002 at the higher rate of four weeks' pay, because it considered that just and equitable in light of the claimant's requests for the statement at the outset and during employment and the complete absence of any such document. The section 38 award was £1,252.80, bringing the total award to £2,778.60.