Ms C Fowler v York Cocoa Works Ltd: 1804120/2019

EMPLOYMENT TRIBUNALS
Case No 1804120/2019
Ms C FowlerClaimantYork Cocoa Works LimitedRespondent
Employment Judge ShepherdIn person for claimantNot represented for respondentDate 9 September 2019

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant presented a claim to the Employment Tribunal of unauthorised deduction from wages and holiday pay.[2]Notice of the claim was sent to the respondent on 2 August 2019. No response has been presented by the respondent.[3]The claims of unauthorised deductions from wages and holiday pay succeed and the remedy to which the claimant is entitled in respect of those claims will be determined at a Remedy Hearing.[4]The Preliminary Hearing listed on 27 September 2019 is converted to a Remedy Hearing in respect of the successful claims. It will take place at the same time and venue.

REASONS

The time for presenting a response has expired and no valid response has been presented, and, on the information before the employment judge, the claims of unauthorised deduction from wages and holiday pay succeed. Employment Judge Shepherd _____________________________ Date: 9 September 2019 Case Number: 1804120/2019 1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms C Fowler v York Cocoa Works Limited Heard at: Leeds On: 27 September 2019 Before: Employment Judge Rogerson (sitting alone) Representation: Claimant: In person Respondent: No attendance Rule 21 Judgment JUDGMENT ON REMEDY[1]The respondent has made an unauthorised deduction from the claimant’s wages. The respondent is ordered to pay the claimant the gross sum of £3,086.23.[2]That award of £3,086.23 is uplifted by 25% in accordance with section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 by the sum of £771.55, for the respondent’s unreasonable failure to comply with the ACAS Code of Practice 1; Disciplinary and Grievance Procedures (2015).