Miss T James v Mr J Williams T/a Old School Cafe: 1303789/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The name of the respondent is amended to Mr Jeremy Williams t/a Old School Cafe.[2]The respondent failed to provide the claimant with any itemised pay statements throughout the course of her employment between 6 September 2022 and 13 February 2023 contrary to s8 of the Employment Rights Act 1996 (‘ERA’).[3]The claimant is entitled to seek a remedy under s12(4) ERA whereby the respondent may be ordered to pay the claimant the value of any unnotified deductions from pay made during the period of 13 weeks prior to 24 April 2023 (the date of presentation of the application) and her application for such remedy will be dealt with on paper without a hearing subject to the following.[4]If the claimant seeks a remedy, she must apply to the tribunal within 14 days of this judgment being sent to her and, in that event, she is ordered to provide to the tribunal within the same period details of her normal gross weekly pay and the value of what deductions were made from her gross pay between 23 January 2023 and 13 February 2023. Case No: 1303789/ 2023 2[5]Failure to comply with this order may result in her remedy claim being dismissed without further notice for her failure to actively pursue the claim (not attending this hearing without a reason being given) and/or failing to comply with the tribunal’s orders (dated 26 April 2023 and today). Employment Judge Battisby Date: 11 October 2023 Case No: 1303789/ 2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss Terri James Respondent: Mr Jeremy Williams t/a Old School Cafe Dealt with on the papers after seeking representations REMEDY JUDGMENT The claimant has not proved she suffered any deductions from her pay. Accordingly, there is a nil award.