Mrs V Forrester v Blind Pig Group Ltd: 1404051/2023
JUDGMENT
The judgment of the tribunal is that the claimant succeeds in her claim for unlawful deduction from wages and the respondent is ordered to pay the claimant the gross sum of £6,000.00.REASONS
[1]In this case the claimant Mrs Victoria Forrester brings a monetary claim for unlawful deduction from wages against her ex-employer Blind Pig Group Limited. The respondent does not dispute the claim.[2]This has been a remote hearing which has been consented to by the parties. The form of remote hearing was by CVP Video. A face-to-face hearing was not held because it was not practicable, and all issues could be determined in a remote hearing. The order made is described at the end of these reasons.[3]I have heard from the claimant, and I have heard from Mr Brookes of the respondent. The facts of this matter are not in dispute and are as follows.[4]The respondent is a media and advertising company. The claimant worked for the respondent as a Creative Lead initially as an employee but subsequently as a worker from 5 December 2022 until 24 January 2023. The claimant had earned £6,000 in wages which the respondent failed to pay. The claimant issued her first set of Tribunal proceedings under tribunal reference 1401384/2023 against Blind Pig Media Limited. The claimant understood this to have been the correct name of her employer. The relevant ACAS Early Case Number: 1404051/2023 Conciliation Certificate referred to Blind Pig Media Limited of Blind Pig Group Limited. The parties then entered on ACAS COT3 conciliation settlement agreement on 19 May 2023 under which the respondent agreed to pay the claimant two weekly instalments of £,3000.00 by 29 June 2023. The name of the respondent was expressed to be Blind Pig Media Limited with the address given as the Blind Pig Group Limited. The respondent subsequently defaulted on that agreement on the basis that it was expressed to be with the wrong respondent.[5]The claimant then reissued these proceedings under the above reference 1404051/2023 naming the Blind Pig Group Limited as the respondent. She asserted that the respondent had been deceptive as to the correct name of the respondent, which was a consistent theme with other employees. Meanwhile Blind Pig Media Limited entered Creditors’ Voluntary Liquidation on 7 June 2023. The respondent entered a response confirming its position that the wrong company name had originally been used by the claimant, and that it was willing to enter a further COT3 Agreement under the same terms with the Blind Pig Group Limited. Mr Brookes confirmed today on behalf of this respondent that the respondent accepts that this sum is due and owing to the claimant, but he explained that the respondent just needed time to pay the debt.[6]Having established the above facts, I now apply the law.[7]The claimant claims in respect of deductions from wages which she alleges were not authorised and were therefore unlawful deductions from her wages contrary to section 13 of the Employment Rights Act 1996.[8]The claimant claims the sum of £6,000.00 The respondent accepts that this sum is due and owing to the claimant. The claimant therefore succeeds in her claim and the respondent is ordered to pay the claimant the sum of £6,000.00.