Mr M Babar v Jannah Cash & Carry Limited — 2024

The tribunal determined the claim under Rule 21 of the Employment Tribunals Rules of Procedure 2013 after finding that the respondent had failed to present a valid response on time. It proceeded to determine the claim in the respondent’s absence and made awards on the papers. The hearing listed for 13 December 2024 was cancelled.

On the wages claim, the tribunal found that the respondent had made unauthorised deductions from the claimant’s wages. It accepted the calculation for unpaid wages from 12 November 2023 to 10 January 2024 at 494 hours x £10.42 per hour, giving £5,147.48, and then deducted £1,100 already received, leaving £4,047.48.

The tribunal also found that the claimant had been dismissed in breach of contract. It awarded £771.08 for one week’s statutory notice, calculated on 74 hours at £10.42 per hour. The judgment records that this was assessed using gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay. Separately, the tribunal found that the respondent had failed to pay accrued but untaken holiday entitlement and awarded £590.81, based on 56.7 hours at £10.42 per hour.

The total gross sum ordered was £5,409.37. The judgment also included the standard Employment Tribunals (Interest) Order 1990 notice stating that interest would be payable if the award remained unpaid after the relevant decision day, but it did not quantify any interest figure in the judgment itself.