Mr Juan Jose Martin Ripoll st Named v La Casa Leith Limited — 2020

The case was heard remotely at Glasgow on 16 October 2020 before Employment Judge Hoey. The respondent did not attend. Both claimants attended with their adviser and an interpreter. The tribunal noted that the respondent had been given time to challenge the sums and calculations but did not do so, and the claimants confirmed that the amounts claimed were accurate and that the relevant work had been done and annual leave accrued.

For the first claimant, the tribunal found that he had not been paid for his final day of work on 16 December 2019. It held that 8 hours were unpaid and that £65.68 gross was due, amounting to an unlawful deduction from wages under section 13 of the Employment Rights Act 1996. It also found that he had taken no annual leave during employment and had accrued 108.2 hours of untaken holiday, for which £888.33 gross was due under regulation 14(2) of the Working Time Regulations 1998.

For the second claimant, the tribunal found that the proper sum due for work done between 29 July 2019 and 25 August 2019 was £3,042 net, that she had been paid £1,900 net, and that £1,142 net remained outstanding. It accepted the calculation that this equated to £1,472.50 gross and held that this was an unlawful deduction from wages. It further found that she had accrued 41.3 hours of untaken annual leave and was entitled to £640.14 gross under regulation 14(2) of the Working Time Regulations 1998.

The claimants also sought damages for emotional upset, but the tribunal said it had no jurisdiction or power to award such sums. The judgment therefore consisted only of the four monetary awards: £65.68 and £888.33 for the first claimant, and £1,472.50 and £640.14 for the second claimant.