Ms A Lovinelli v Quality Management International Ltd: 2206513/2018
JUDGMENT
The respondent made unlawful deductions from the claimant’s wages and is ordered to pay her the sum of £722.21.REASONS
[1]The claimant signed a contract with the respondent on 31 August 2018 providing for one week’s “pre-employment training” starting 10 September and then employment from 17 September 2018 at £24,900 per annum plus 3% pension allowance, plus refund of training fees required to be paid in the pre-employment period.[2]The claimant paid a training module fee of £246.[3]The claimant attended for work from 17 September but the respondent did not provide work. She gave notice to terminate employment and left on 24 September when the respondent did not return her calls or emails.[4]She has not been paid, save for £17 refunded in cash as part refund of training fee.[5]The pre-employment training consisted of recruiting people on the same contractual arrangement as she was on, using details supplied by the respondent. She has heard that other previous employees also went unpaid. She seems to have been the victim of a pyramid selling scheme.[6]The respondent has not entered an appearance to the claim, either by 22 February as required by rule or at all.[7]By section 13 of the Employment Rights Act 1996 an employer must not make unlawful deductions of wages, defined in section 27 as “any sum payable to the worker in connection with his employment”, “whether payable 10.2 Judgment - rule 61 Case No: 2206513/2018 under his contract or otherwise”.[8]She is entitled under the contract to payment of one week’s wages, £478.84, pension allowance £14.37 and to a refund of the training fee less £17.