Mr J Harding v Instant Business Communications Ltd: 1800751/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Leeds Employment Tribunals on 29 February 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 21 of the Rules of Procedure.[2]The Tribunal has no jurisdiction to deal with a complaint for unpaid wages where the date of payment of the wages in question took place more than two years before the claim was presented: Employment Rights Act 1996 s 23(4A). The claim for wages that should have been paid before 28 February 2022 is therefore dismissed.[3]The respondent has made a series of unauthorised deductions from the claimant’s wages since 28 February 2022 and must pay the claimant the following sums:a. Wages payable in March 2022: £90.82.b. Wages payable in tax year 2022 to 2023: £999.19c. Wages payable from April 2023 to 29 February 2024: £6041.61 (29 February 2024 is date of presentation of claim)[4]The claimant cannot claim for wages payable after his claim was presented without amending his claim form to add such a complaint.[5]The respondent has failed to pay the claimant’s holiday entitlement for 2024 and must pay the claimant £443.14.[6]The hearing listed on 24 July 2024 is cancelled.