Mr JA Artieda Villacres v Kingdom Services Group Ltd: 2304422/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the wages of the claimant.[2]The respondent is ordered to pay the claimant the following:a. £1190.45 in respect of the unlawful deductionb. £297.61 in respect of a 25% uplift on the award for the respondent’s unreasonable failure to comply with the ACAS code of practice Disciplinary and Grievance procedures.[3]The respondent is ordered to pay the claimant the total sum of £1488.06.[4]The above sums are subject to deductions for tax and national insurance, as appropriate. ……………………………….REASONS
[1]By a claim form presented on 14 October 2019, the claimant claims arrears of wages against the respondent.[2]Notice of the claim was sent to the respondent on 29 October 2019 and the respondent was required to file a response by 26 November 2019.[3]A Rule 21 Judgment was issued on 26 March 2020 on the basis that no response had been filed by the respondent and no extension of time requested for filing such response. However, having seen the copy of the ET3 attached to the respondent’s application, I am satisfied that it was presented on 26 November 2019 and therefore within time.[4]It is therefore in the interests of justice that the default judgment be revoked.[5]The matter will be re-listed for a final hearing in due course.