Ms N Braithwaite v Clarkson Murphy Partners Ltd: 2201973/2022
JUDGMENT
[1]The respondent has failed to file an ET3 Grounds of Resistance in this case.[2]Having considered the ET1, Employment Judge S Connolly has decided that a determination of the claims can properly be made without a hearing and the Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is as set out below.[3]The respondent made an unlawful deduction from the Claimant’s wages and is ordered to pay to the Claimant the sum of £690, being the gross sum deducted. The Respondent is entitled make deductions for tax and national insurance before payment.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked, for the following reasons:a. The judgment sent to the parties on 24 June 2022 was based on the information provided in the Claimant’s ET1. This clearly set out the claim for £690 of unpaid wages and did not include any reference to a claim for a £100 bonus. This is an additional claim and no reasons have been provided as to why this claim was not included.b. If the bonus claim had been raised at the hearing scheduled for 24 June 2022 it would have been out of time as it was not included in the ET1 and the Tribunal would not have had jurisdiction to hear it.[2]The Tribunal apologises for the delay in responding to this application. The application was shared with the judge on 8 September 2022.