Ms V Artunduaga v Markcon Ltd: 2206387/2021

EMPLOYMENT TRIBUNALS
Case No 2206387/2021
Ms V ArtunduagaClaimantMarkcon LtdRespondent
Employment Judge LewisDate 25 February 2022

JUDGMENT

[1]The response is struck out under rule 37(1)(b) because the manner in which the proceedings have been conducted by the respondent is unreasonable, and alternatively under rule 37(1)(c) for non-compliance with tribunal orders.[2]The respondent was in breach of its duty under section 8 of the Employment Rights Act 1996 to provide the claimant with itemised pay statements with her pay.[3]The claimant was an employee employed by the respondent from 28 September 2020 to 31 May 2021. She was paid the following net sums on the dates set out below, but she was not given itemised pay statements. In accordance with sections 8, 11 and 12 of the Employment Rights Act 1996, the tribunal finds the particulars which ought to have been included in the pay statements are as follows – 29.10.20 statement £700 gross; £700 net. No deductions Case Number: 2206387/2021 30.11.20 statement £700 gross; £700 net. No deductions 24.12.20 statement £1050 basic rate (additional hours) net £608 commission net £300 bonus net No deductions 29 January 2021 statement £800 gross; £800 net. No deductions 26 February 2021 statement £800 gross; £800 net. No deductions 30 March 2021 statement £1280 gross £1100 net £180 deduction NI in this employment this tax year 30 April 2021 statement £800 gross; £800 net. No deductions 28 May 2021 statement £800 gross; £800 net. No deductions