C Wright v M & G Olympic Products Ltd: 1804178/2022

EMPLOYMENT TRIBUNALS
Case No 1804178/2022
C WrightClaimantM&G Olympic Products LtdRespondent
Employment Judge DaviesDate 8 December 2022

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 7 September 2022. 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, or part of it, in accordance with rule 21 of the Rules of Procedure.[1]The complaint of unauthorised deductions from wages succeeds and the respondent is ordered to pay the claimant:a. in relation to 1 week’s wages, the gross sum of £639.60; andb. in relation to 1 week’s accrued holiday, the gross sum of £639.60.[2]The Tribunal has no jurisdiction to award compensation for “unpaid tax refunds’ as part of a claim for unauthorised deduction from wages, as these are not included in the statutory definition of “wages”. This claim does not succeed.[3]The claimant was dismissed without notice in breach of contract and the respondent is ordered to pay the claimant damages in lieu of 2 weeks’ notice, amounting to £1,279.20. This sum has been calculated using the claimant’s gross pay, to reflect the likelihood that it will be taxable when he receives it.[4]The respondent has breached the claimant’s contract by deducting pension contributions from his wages but not paying them into his pension. The respondent is ordered to pay the claimant damages of £1,205.24.[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,713.00.[6]The complaint that the respondent failed to pay the claimant a guarantee payment succeeds and the respondent is ordered to pay the claimant the sum of £150.00.