Mr R Crudo v UC Franchising Ltd T/a The Urban Chocolatier (England and Wales : Unlawful Deduction from Wages) -[2021] UKET 3204983/2021- (22 December 2021)

BAILII

Automated Summary

Key Facts

Case No: 3204983/2021, held on 22 December 2021 at East London Employment Tribunal (telephone hearing), involved Claimant Mr R Crudo and Respondent UC Franchising Ltd t/a The Urban Chocolatier. The Respondent failed to file a response and failed to attend the hearing. The Tribunal ruled in favor of the Claimant on two claims: unlawful deduction of wages (£400) and non-payment of statutory holiday entitlement (£450). The claim for £1150 based on 'non-professionalism' was dismissed due to lack of jurisdiction.

Issues

  • The tribunal dismissed the £1150 compensation claim based on respondent's 'non-professionalism' due to lack of jurisdiction to award such damages.
  • The tribunal found the respondent unlawfully deducted wages, resulting in a £400 compensation award for non-payment of wages.
  • The tribunal ruled the respondent failed to pay accrued statutory holiday entitlement, leading to a £450 compensation award for non-payment of holiday pay.

Holdings

  • The claim for non-payment of accrued statutory holiday entitlement succeeds. The Respondent will pay the Claimant compensation of £450.
  • The Claim for £1150 compensation based on the Respondent's 'non-professionalism' is dismissed as the Tribunal has no jurisdiction to award the same.
  • The claim for unlawful deduction (non-payment) of wages succeeds. The Respondent will pay the Claimant compensation of £400.

Remedies

  • The tribunal awarded £400 compensation for the unlawful deduction of wages, which is a non-payment of wages.
  • The tribunal awarded £450 compensation for the non-payment of accrued statutory holiday entitlement.

Monetary Damages

850.00

Legal Principles

The tribunal ruled in favor of the claimant on claims of unlawful deduction of wages and non-payment of accrued statutory holiday entitlement, as the respondent failed to file a response or attend the hearing. The claim for compensation based on 'non-professionalism' was dismissed due to lack of jurisdiction.

Judge Name

P Britton

Passage Text

  • 1. The Respondent having failed to file a response and having failed to attend today the claims succeed as follows.
  • 1.3 The Claim for £1150 compensation based on the Respondent's "non-professionalism" is dismissed as the Tribunal has no jurisdiction to award the same.