Mr W Banaras v Mr Tariq Ayub Khan trading as Maxivision Optical Centre Heard: BY CVP — 2024

The matter came before Employment Judge JM Wade at a final hearing by CVP on 9 December 2024. The named respondent, trading as Maxivision Optical Centre, did not file a response and did not attend. The tribunal was satisfied on the file that the respondent was a sole trader, having checked Companies House and finding no company registered at the operating address, and that the trading name was used on documents.

The judge accepted that the claims were discernible in the claim form and, to the extent permission to amend was required, granted it. The sums awarded mirrored those set out in the claim form save for an arithmetical error by the claimant that became apparent at the hearing. In the absence of any response by the return date, the judge considered it in the interests of justice to give judgment under Rule 21.

The claimant succeeded on all four claims: a statutory redundancy payment of £4,000; damages for breach of contract (notice pay) of £1,750 gross; an unlawful deduction from wages of £250 (one week's gross wages); and holiday pay on termination under Regulation 14 of £1,250. The total payable by the respondent is £7,250.