Miss K Minshall and Others v Fuse Assurance Solutions Ltd: 1306260/2019
JUDGMENT
[1]Awards are made to individual claimants as follows:-1.1 1306260/2019 Miss K Minshall Unpaid Wages £1320(net) Unpaid Notice Pay £ 330(net) Unpaid Holiday Pay £ 440(net) Total £2090(net)1.2 1306261/2019 Miss J Merrit Unpaid Wages £2548(net) Unpaid Notice Pay £ 588(net) Unpaid Holiday Pay £ 470.40(net) Total £3606.40(net)1.3 1306262/2019 Miss MP Davies Unpaid Wages £1320(net) Unpaid Notice Pay £ 330(net) Unpaid Holiday Pay £ 440(net) Total £2090(net)1.4 1306263/2019 Miss C Clarke Unpaid Wages £1050(net) Unpaid Notice Pay £1000(net) Unpaid Holiday Pay £ 500(net) Total £2550(net)1.5 1306264/2019 Mr D Gracey Unpaid Wages £1250(net) Unpaid Commission £ 450(net) Unpaid Notice Pay £ 269.23(net) Unpaid Holiday Pay £ 268.15(net) Total £2211.54(net)1.6 1306265/2019 Mr T Daniels Unpaid wages £1416(net) Unpaid Notice Pay £ 354(net) Total £1770(net)1.7 1306267/2019 Miss C Charlesworth Unpaid Wages £1112.40(net) Unpaid Notice Pay £ 253.50(net) Unpaid Holiday Pay £ 101.40(net) Total £1467.30(net)1.8 1306268/2019 Mr J Sims Unpaid Wages £1872(net) Unpaid Notice Pay £ 432(net) Unpaid Holiday Pay £ 86.40(net) Total £2390.40(net)1.9 1306269/2019 Mr GP Mitchell Unpaid Wages £1258.14(net) Unpaid Commission £1200(net) Unpaid Notice Pay £ 314.54(net) Unpaid Holiday Pay £ 817.70(net) Total £3590.38(net)1.10 1306270/2019 Mrs R Sahebirashti Unpaid Wages £1321.70(net) Unpaid Notice £ 305(net) Unpaid Holiday Pay £ 305(net) Total £1931.70(net)1.11 1306271/2019 Mr D Garner Unpaid Wages £1371.61(net) Unpaid Commission £1500(net) Unpaid Notice £ 316.53(net) Unpaid Holiday Pay £ 63.31(net) Total £3251.45(net)1.12 1306272/2019 Miss A McVeigh Unpaid Wages £1371(net) Unpaid Commission £ 92(net) Unpaid Notice £ 316.46(net) Unpaid Holiday Pay £ 316.46(net) Total £2095.92(net)1.13 1306274/2019 Mr M Cook Unpaid Wages £1300(net) Unpaid Notice £ 325(net) Unpaid Holiday Pay £ 500(net) Total £2125(net)1.14 1306275/2019 Miss G Cunningham-Oakes Unpaid Wages £1416.66(net) Unpaid Commission £ 800(net) Unpaid Notice £ 354.16(net) Unpaid Holiday Pay £ 106.25(net) Total £2677.07(net)1.15 1306276/2019 Mr M Drape Unpaid Wages £1833.33(net) Unpaid Notice £ 423.07(net) Unpaid Holiday Pay £ 338.46(net) Total £2594.86(net)[2]The sums awarded at Paragraph 1 above have been calculated net of income tax and national insurance contributions on the basis that upon payment thereof the respondent will make an appropriate and corresponding payment to HMRC.[3]Claims by Miss K Minshall recorded under Claim Number 1306273/2019 and Claim Number 1300050/2020 are dismissed as duplicate claims to that pursued in Claim Number 1306260/2019 above.[4]The claims of Mr Anil Patel (1306266/2019) and Mr Steven Straughan (1300049/2020) are adjourned to a date to be fixed and notified to the parties. Mr Patel and Mr Straughan are referred to the Case Management Order issued with this judgement.REASONS
[5]With the exception of the claim brought by Mr Steven Straughan (1300049/2020), and the duplicate claim brought by Miss Kerry Minshull (1300050/2020), all of the claims were presented in a single claim form with Miss Minshull (1306260/2019) as the lead claimant.[6]The respondent has failed to provide a response to any of the claims. On 16 January 2020, on the direction of Employment Judge Dean, the tribunal wrote to the claimants advising that, as there was no response to the claim, the tribunal was considering the issue of a default judgement (without a hearing). The claimants were invited to submit full details of their claims with supporting documentation. In that same letter, the tribunal pointed out that, in a claim for unlawful deductions from wages (as opposed to discrimination claims), the tribunal did not have jurisdiction to make an award of general or aggravated damages for the distress and inconvenience caused by the non-payment of wages. If, when responding, the claimants had withdrawn that element of their claims this matter would have been dealt with by the issue of default judgement. In the event, as the claimants each pursued a claim for general damages of £5000, the matter was listed for Hearing. I directed that the hearing could take place “on paper”. By a letter dated 19 August 2020 the tribunal invited all parties (including the respondent) to submit any further written representations.[7]In the light of the information and documentation provided by each of the claimants listed in Paragraph 1 above, I have made a judgement awarding the sums set out in that Paragraph. I have not made an award of general damages to any claimant because, in the circumstances of this case, no matter how meritorious such a claim may appear, the tribunal simply lacks jurisdiction to make such an award.[8]Miss Minshall appears to have inadvertently lodged her claim three times. She confirmed in writing that she was only pursuing her first claim (1306260/2019) and accordingly the other two claims have been dismissed (Paragraph 3 above).[9]There were two claimants for whom it was not possible to issue judgement at this time (see Paragraph 4 above). I have prepared a separate Case Management Order which will be issued at the same time as this Judgement setting out the position with regard to those two claimants and actions now required from them if the claims are to proceed.