Mr M Kaye v Imperial Catering Services Ltd: 1803144/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 28 July 2022. The respondent has failed to present a valid response in 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.[1]The Tribunal declares that the respondent has made an unauthorised deduction from the claimants wages in relation to:a. 4 weeks’ wages and is ordered to pay the claimant the sum of £1537.32 (net of tax and national insurance).b. 1 week and 5 days wages (notice period) and is ordered to pay the claimant the sum of £544.46 (net of tax and national insurance).[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £640.55 (net of tax and national insurance)[3]The Tribunal has no jurisdiction to award compensation for failure to be enrolled in a pension scheme by an employer as part of a claim for unauthorised deductions from wages, as these are not included in the statutory definition of ‘wages’.[4]The Tribunal has no jurisdiction to award compensation for stress as part of a claim for unauthorised deductions from wages.[5]The claimant has confirmed during a case management hearing on 26 September 2022 that he does not bring a claim for detriment as a result of public interest disclosure.