Mr D Lewis v De-Villamar Ltd: 1601167/2017
JUDGMENT
Having heard evidence on oath from the claimant, theREASONS
[1]The respondent company is in voluntary liquidation. The liquidators, John Butler and Andrew Nichols of Redman Nichols Butler have indicated they do not intend to attend this hearing. There has been no attendance by or on behalf of the respondent. Rule 47 Employment Tribunal Rules 2013 provide I can proceed with the hearing in the absence of a party. Case No:1601167/2017[2]The respondent has filed a late response to these proceedings. The first issue I had to determine was whether the respondent should be allowed to defend these proceedings based upon this response. Having considered the response, the main thrust of the defence is that the respondent cannot afford to pay the claimant at present. It is accepted that substantial sums are owed to the claimant.[3]Having considered the documents and the claimant’s evidence, I do not accept that the respondent has any real defence to these proceedings; their purported defence appears to be a stalling tactic to prevent the claimant from having a judgement. As such, it would not further the overriding objective to delay these proceedings to allow the respondent to pursue a hopeless defence.[4]The respondent has unlawfully deducted £39,100 in total from the claimant’s wages: these deductions go back to 2015. The claimant’s net monthly salary was £3,000 per month; he was only paid £3,000 in total during the year 25th May 2017 to 21st May 2018. In addition to this, he was owed £7,600 wages from 2015.[5]As the £39,100 owed is the claimant’s net pay (ie after tax), it is necessary to gross this award up. The grossed up total is £45,166.67.[6]The claimant had attempted to claim bank charges and unpaid pension contributions. Bank charges and pension contributions do not qualify as “wages” for the purposes of s13 Employment Rights Act 1996 unlawful deductions from wages claim. (see the Employment Appeal Tribunal’s decision in Somerset County Council v Chambers UKEAT/0417/12).