Mr F Jafarov v CTF Electrical Ltd: 2200215/2022
JUDGMENT
[1]The Respondent had not entered a defence to the claim and did not respond to any correspondence with the Tribunal or the Claimant.[2]It was in the interests of the overriding objective to continue with the hearing in their absence. I considered the factual evidence provided by the Claimant who had prepared a written witness statement.[3]Oral reasons for my decision were given during the hearing.[4]The Claimant’s claim for unauthorised deduction from wages is upheld. The Claimant is awarded £1,442.63 (including a 25% ACAS uplift).[5]The Claimant’s claim for breach of contract with regard to the Respondent’s failure to pay their contributions to the pension scheme was not considered as the Tribunal does not have jurisdiction to determine such a claim. It is the Case No: 2200215/2022 Tribunal’s understanding that any such complaint ought to be pursued with the Pensions Ombudsman.[6]The Claimant’s claim for wrongful dismissal is upheld. The Claimant is awarded £2,931.25 (expressed as a net figure and including a 25% ACAS uplift).[7]The Claimant’s claim for automatic unfair dismissal is upheld. The Claimant is awarded the basic award of £816,[8]Total payable before interest = £5,189.88[9]Interest payable at 8% from 4 October until 2 August 2023 = £758.72. Total payable to the Claimant = £5,948.60.[1]The claim was issued in the London Central Employment Tribunal on 11 January 2022 date. 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.[2]The claims for unfair dismissal, unlawful deduction of wages and breach of contract are upheld and the remedy to which the claimant is entitled will be determined at a remedy hearing, notice of which will follow.[3]The hearings listed on 20th June 2023 and 21st June 2023 are cancelled.