Mr S Nakatani v WM College and Others: 2204381/2021 and Others
JUDGMENT
[1]The Third Respondent was the Claimant’s employer and the claims are struck out against the other three Respondents as the Tribunal does not have jurisdiction to hear them.[2]The Claimant’s claim for holiday pay from 2013 was presented out of time. It was reasonably practicable for him to present it in time and time is not extended, so the Tribunal does not have jurisdiction to hear it.[3]The Claimant’s claim for a failure to provide an itemised payslip before or at the time payment was made (in respect of payment for Time Off in Lieu (“TOIL”) made in June 2021) is well-founded and succeeds. A declaration is made in that regard under section 12(3)(a) Employment Rights Act 1996 (“ERA”).[4]The Claimant’s claim for £25.19, being the deduction for income tax made by the Respondent from the TOIL payment, is not well-founded and fails since it was not an “unnotified deduction” in accordance with section 12(4) and/or 12(5) ERA.