Mr. Mohammad Sajid Nazir Rasheed v Represented by A Smith and D Leyden Student Advisers K Ilahi Interpreter QY Ltd — 2021

The claimant worked as a waiter from 5 September 2018, usually five to six days a week and about 55 to 60 hours per week. He was not provided with written terms of employment. His employment transferred in March 2019 to QY51 Ltd, and the tribunal found QY51 Ltd was the correct respondent. The respondent did not attend the hearing.

The tribunal found that the claimant resigned on 19 April 2019 after raising irregularities about pay. It accepted that he was given monthly payslips showing a fixed daily rate of £52, but that his worked hours were not properly reflected and that the effect was payment below the applicable National Minimum Wage. On that basis, the tribunal held that he had suffered unlawful deductions of wages of £6,120.33 up to 14 April 2019 and a further £208 to 19 April 2019, making £6,328.33 in total.

The tribunal also found that the claimant had not taken paid holiday and had accrued holiday pay of £1,690.81. Separately, because no written terms of employment had been provided, it awarded a sum equivalent to two weeks' wages under s38 Employment Act 2002, calculated as 57.5 hours at £8.21 per hour, amounting to £944.15. The total award was therefore £8,963.29.