Mrs T Summers (deceased) v Battersea Labour Club and Institute Ltd: 2304596/2024
JUDGMENT
The Employment Tribunal Rules of Procedure 2013 - Rule 22[1]The claim was presented in the London South Employment Tribunal on 28 May 2024. The Respondent failed to present a valid response on time.[2]The Respondent made an application for an extension of time to file the ET3, however this was refused for the reasons given orally at the hearing.[3]The Tribunal was satisfied that a determination of the claim, or part of it, could properly be made in accordance with Rule 22 of the Rules of Procedure of The Employment Tribunal Rules of Procedure 2024.[4]The complaint of unauthorised deductions from wages is well-founded. The Respondent shall pay the Claimant £637.78. The figure has been calculated using net pay to reflect the fact that the Respondent has already paid any tax or National Insurance due.[5]The complaint in respect of holiday pay is well-founded. The Respondent was in breach of contract in failing to pay the Claimant for holidays accrued but not Case No: 2304596/2024 taken on the date the Claimant’s employment ended. The Respondent shall pay the Claimant £1,932.00.[6]The Respondent shall be at liberty to deduct from the gross sum of which payment is ordered at paragraph 4 above, prior to making payment to the Claimant, such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the Claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the Claimant’s representative written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, payment of the balance to the Claimant shall satisfy the requirements of this judgment.[7]The claim relating to pension contributions is dismissed on the basis that Employment Tribunal has no jurisdiction to determine it. Employment Judge Yardley Date: 11 February 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.