Mrs K Daniel v AJGSUK Ltd: 1307196/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1.89p.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £70.89p.[3]The respondent has failed to provide the claimant with pay statements as required by Section 8 of the Employment Rights Act 1996.[4]The hearing listed on Wednesday, 11 March 2020 is cancelled. _____________________________ Employment Judge Camp Date: 10 JANUARY 2020 Case No: 1307196/2019 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs K Daniel Respondent: AJGSUK Ltd AJGS UK Ltd CORRECTED JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rules 21 & 69[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £1.89.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £73.89 £70.89.[3]The respondent has failed to provide the claimant with pay statements as required by Section 8 of the Employment Rights Act 1996. 3A. Pursuant to section 12 of the Employment Rights Act 1996, the following details of the claimant’s pay during her employment with the respondent are confirmed: 3A.1 the claimant was employed from 2 January 2019 to 13 June 2019, 13 June 2019 being her last day of work for the respondent; 3A.2 in relation to her entire employment, she was paid a total of £1722.90, of which £840.00 was paid before 6 April 2019.[4]The hearing listed on Wednesday, 11 March 2020 remains is cancelled.[5]This corrected Judgment was made and takes effect on 6 February 2020 and replaces the original Judgment dated 10 January 2020.REASONS
[1]Above there is a corrected version of the Judgment dated and sent to the parties on 10 January 2020. It is corrected pursuant to rule 69 of the Employment Tribunals Rules of Procedure. In the corrected Judgment, deletions are shown by striking through text and insertions by underlining text. The whole of these Reasons is new.[2]The correction to the respondent’s name is made because it was misspelt in the claimant’s claim form. I have used the spelling shown in the publicly available electronic records held by Companies House. Case No: 1307196/2019 2 of 2[3]The correction in paragraph 2 is to correct a typographical error in the original judgment.[4]Paragraph 3A has been added to confirm various pay details that the respondent should have got right. This was omitted from the original Judgment and should not have been.[5]The claimant would also like the Tribunal to do various other things, but I am afraid that the above Judgment gives the claimant everything she wants that the Tribunal has power to give her. In particular, the Tribunal, unfortunately, has no power to do any of the following things:5.1 force an employer to provide a P60 or a P45;5.2 get someone’s tax code corrected;5.3 fine an employer for failing to provide pay slips, or a P60, or a P45, or for providing inaccurate ones. There is a power in section 12(4) of the Employment Rights Act 1996 to order an employer to pay to the employee a sum no greater than the amount of any deductions from wages not notified in a wage slip in the 13 week period before the claim form was presented, but there were no such deductions in this case;5.4 force an employer to pay a Tribunal Judgment (enforcement has to be done by the employee themselves, through the County Court);5.5 compensate an employee for distress and inconvenience in dealing with a claim of this kind.[6]Accordingly, unless the respondent successfully applies in the future for an extension of time for presenting the response in accordance with rule 20 of the Employment Tribunals Rules of Procedure, this case is now closed.