Mr J Singh v B Singh and others: 1401010/2021
| Jurisdiction | England & Wales |
| Judgment Date | 31 March 2023 |
| Date | 31 March 2023 |
| Published date | 19 April 2023 |
| Court | Employment Tribunal |
| Subject Matter | Unlawful Deduction from Wages |
Case number: 1401010/2021
EMPLOYMENT TRIBUNALS
Claimant: Mr Jogender Singh
Respondents: 1. Birkramjit Singh
2. Manjit Singh
3. Jatinder Kaur
4. Gurmuk Singh Das
5. Gurdiyal Singh
6. Balvinder Kaur
7. Dara Singh
Members of the Management Committee of the Sri
Guru Nanak Prakash Singh Sabha (the Bristol Sikh
Temple) (an unincorporated association)
Heard at: Bristol On: 13, 14 and 15 May 2023
Before: Employment Judge Oliver
Representation
Claimant: Miss Crawshay-Williams, counsel
Respondent: Mr Chehal, consultant
RESERVED JUDGMENT
1. The claims for unauthorised deduction from wages succeed. The
Respondents failed to pay the Claimant the following:
a. Payment for all hours worked at the rate of the national minimum
wage.
b. Payment for accrued but untaken holiday on termination of
employment.
2. The exact sums deducted and amounts payable to the Claimant by the
Respondents will be determined as a separate remedy hearing. This has
been listed for one day to be heard at the Bristol Employment Tribunal on
27 July 2023 commencing at 10am.
Case number: 1401010/2021
REASONS
1. This is a claim for unauthorised deduction from wages (failure to pay the
national minimum wage), and failure to pay holiday pay. Claims for unfair
dismissal and breach of contract were dismissed by EJ Livesey following a
Preliminary Hearing held on 19 to 21 July 2022 when the Claimant was found to
be a worker but not an employee.
Issues
2. There was a Case Management Preliminary Hearing on 24 February 2022.
The remaining issues were agreed as follows:
1. Unauthorised deductions (Part II of the Employment Rights Act 1996)
1.1 Did the Respondents make unauthorised deductions from the
Claimant’s wages and if so how much was deducted? In particular,
did the Respondents fail to pay the national minimum wage?
1.2 Was the Claimant engaged in ‘salaried work’, ‘time work’ or
‘unmeasured work’ for the purposes of the National Minimum Wage
Regulations 2015?
1.3 How much is the Claimant owed?
2. Holiday Pay (Working Time Regulations 1998)
2.1 Did the Respondents fail to pay the Claimant for annual leave the
Claimant had accrued but not taken when his employment ended?
2.2 What was the Claimant’s leave year?
2.3 How much of the leave year had passed when the Claimant’s
employment ended?
2.4 How much leave had accrued for the year by that date?
2.5 How much paid leave had the Claimant taken in the year?
2.6 Were any days carried over from previous holiday years?
2.7 How many days remain unpaid?
2.8 What is the relevant daily rate of pay?
Evidence
3. There was an agreed bundle of documents. I read all of the typed
documents that were provided in English. The bundle also contained a large
number of handwritten documents recording various payments, in both Punjabi
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