Mrs P Davison v Clear My Credit Ltd: 1802160/2023
JUDGMENT
[1]The claim for unfair dismissal is struck out on the basis that the Tribunal has no jurisdiction to hear the claim as the claimant was employed for less than two years by the respondent.[2]This does not affect the claimant’s remaining claim for arrears of pay. Dated: 19 February 2024 ________________________ Employment Judge Wilkinson Signed electronically[1]The Respondent has failed to present a response to this claim and it appears to me that a determination can properly be made of it on the information available.[2]The Claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The Respondent shall pay the Claimant £1876.89.[3]The Claimant is responsible for paying the tax and National Insurance.REASONS
The Claimant provided a copy of her contract of employment; detailed exchanges of text messages between her and Mr Hurrell, the sole Director of the Respondent, in which the Claimant repeatedly chased for her wages and Mr Hurrell repeatedly stalled; copies of her payslips for February and March 2023, showing the net and gross sums payable; and a screenshot showing payment of the sum of £450 to her. The Claimant told me that although it did not pay her, the Respondent in fact paid the tax on her wages for February and March 2023. She reclaimed that tax from HMRC when the wages were not paid. I have therefore ordered the Respondent to pay her the net wages (less the £450 paid). The Respondent has already paid the tax once, and that money has been refunded to the Claimant. She must therefore pay the tax and National Insurance once she receives the wages from the Respondent. Employment Judge Davies 5 March 2024 Case Number: 1802160/2023 2 If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings.