Mrs M Cable v Harrogate Cleaners Ltd: 1800453/2019
JUDGMENT
The claimant’s complaint of unlawful deductions from her wages succeeds and the respondent shall pay to her the net sum of £1708.55.REASONS
The claimant complained of unpaid wages, holiday pay and expenses on the termination of her employment in November 2018. She presented two pay slips today indicating payments to her of net sums of £1422.15 (November) and £152 (December). I accepted her evidence that these sums were not in fact paid into her bank account, nor was her expenses claim of £134.40 paid to her. Her short employment was terminated when she was on holiday. The respondent has not defended these proceedings. It has not attended today. The claimant tells me that other connected companies have closed resulting in the loss of employment for many employees. Rule 47 permits any enquiries that may be practicable on the non attendance of a party. The Registrar of Companies confirms that the respondent granted a charge in September 2018 over the operating premises where these proceedings were served: 34 Cold Bath Road in Harrogate. The respondent appears as the employer on the claimant’s pay slips. A director of the respondent has as his correspondence address (in Whitley Bay) the head office of a different company, on whose letterhead the claimant’s termination letter was typed (Sunlite). That director also shares a family name (Harris) with the signatory of the termination letter and the claimant tells me that Mr Arthur Harris is the father of the respondent’s director. In all these circumstances I consider the sums above were properly payable by the respondent employer to the claimant and were not paid to her; and I am satisfied that the proceedings have come to the notice of the respondent. They were not returned by Royal Mail and were sent to its operating premises. Case No: 1800453/2019