Mr G Sclater v Wadworth and Co Ltd and others: 1401675/2017
JUDGMENT
UNDER RULE 21 The JUDGMENT of the tribunal is that: -[1]The 4th respondent (Mr R Hodder) has made unlawful deductions from the claimant’s pay in the sum of £400 in breach of section 13 of the Employment Rights Act 1996 (“the Act”). The claimant is therefore awarded and the 4th respondent is ordered to pay to the claimant the sum of £400 in respect of such unlawful deductions.[2]The claimant is also awarded a further sum of £673.08 (2 week’s x gross weekly pay of £336.54 (gross annual salary of £17,500 per annum)) pursuant to section 38 of the Employment Act 2002 in respect Case no 1401675/2017 of the 4th respondent’s failure to provide the claimant with a statement of terms and conditions of employment as required pursuant to section 1 of the Act.[3]The claimant is therefore awarded and the 4th respondent is ordered to pay to the Claimant the total sum of £1,073.08.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply in this case.REASONS
[1]The claimant has outstanding wages of £400.[2]The 1st respondent has denied liability for the monies.[3]The 2nd, 3rd and 4th respondents have failed to enter a response to the proceedings.[4]On 20 September 2018 the tribunal wrote to the claimant informing him that it proposed to enter a default judgment for £400 plus any proven consequential losses against the 3rd or 4th respondents (who depending upon whether the outstanding monies accrued prior to or after 25 October 2017 appeared on the available evidence to be the claimant’s employer at the relevant time).[5]In the light of the claimant’s email dated 22 September 2018 it appears that the payment of the outstanding sum of £400 accrued after 25 October 2017 and the default judgment has therefore been entered against the 4th respondent who took over responsibility on 25 October 2017 for the franchise of the public house at which the claimant was employed.[6]The tribunal has not awarded the claimant any compensation for any consequential losses as the claimant has not provided the tribunal with any evidence of any such losses.[7]The tribunal has however awarded the claimant a further sum of 2 week’s gross pay (as calculated above) pursuant to section 38 of the Employment Act 2002 as it does not appear that the 4th respondent has issued the claimant with a statement of terms and conditions of employment as required pursuant to section 1 of the Act.