Mrs C Bessell v Mrs W Pearce: 1804825/2018

EMPLOYMENT TRIBUNALS
Case No 1804825/2018
In personClaimantMrs W PearceRespondent
Employment Judge TraylerDate 5 September 2018

JUDGMENT

[1]Pursuant to section 11 of the Employment Rights Act 1996 I declare that the Respondent failed to provide the Claimant with any pay statements for the period 13 May 2017 to 6 November 2017 inclusive.[2]The particulars which should have been provided by the Respondent in pay statements are set out within the Schedule hereto. NOTES[1]Mrs Pearce has persistently failed to provide payslips to Mrs Bessell.[2]On 8 May 2018 Mrs Pearce paid to Mrs Bessell £416.08 describing it as a “tax refund”.[3]The Tribunal gave Mrs Pearce the opportunity to provide copy pay statements and a P45 to Mrs Bessell but she has failed to do so. Case No: 1804825/2018[4]The attached Schedule sets out the correct figures for weeks numbered 1 to 5 when no deductions from pay have been made by Mrs Pearce. Weeks numbered 6 to 23 show the net pay received. The gross pay is calculated by adding 20% for tax deducted and 12% for National Insurance to calculate what, on the balance of probability is the correct gross pay figure.[5]I explained to Mrs Bessell that should more accurate figures become available and she needs to have the declaration above varied she may seek reconsideration and review of it if she provides the correct figures to the Tribunal.