Miss R Nelson v Shapers (Sydenham) Ltd: 2304816/2022 and 2300261/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to respond to the claim form and so judgment is entered for the claimant.[2]The claimant’s compensation will be assessed at a separate remedy hearing at 10.00 am on 10 August 2023. The respondent will be notified of the hearing but will only be permitted to take part to the extent permitted by the Employment Judge. Employment Judge Fowell Date 12 July 2023 Case Number 2304816/2022 Page 1 of 2 EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 20 October 2023 Claimant: Ms Rianna Nelson Respondent: Shapers (Sydenham) Limited Before: Employment Judge E Fowell Representation: Claimant In Person Respondent No appearance[1]The claimant suffered an unlawful deduction from wages as follows:(a) Notice pay £505.41(b) Holiday pay £328.32(c) Wages £581.40 The total amount due is £1,415.13[3]No award is made for a statutory redundancy payment as this liability has been met by the Redundancy Payments Service.[4]Applying the guidance in Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the award for unlawful deduction from wages is a gross amount which the respondent can satisfy by payment to the claimant of the net amount due and payment to HMRC of any tax and national insurance which falls to be deducted at source.[5]NB. If the respondent is insolvent, or fails or refuses to pay the above sums following all reasonable steps short of legal proceedings, further compensation may be available from the Redundancy Payments Service. Case Number 2304816/2022 Page 2 of 2 Employment Judge Fowell Date 19 January 2024 Case Number 2304816/2022 & 2300261/2023 EMPLOYMENT TRIBUNALS Claimant: Ms Rianna Nelson Respondents: Shapers (Sydenham) Limited CERTIFICATE OF CORRECTION Employment Tribunal Rules of Procedure 2013 1. Under Rule 69, the judgment sent to the parties on 15 March 2023 is corrected by inserting case number 2300261/2023. Employment Judge Fowell Date 10 June 2024 Case Number 2304816/2022, 2300261/2023 Page 1 of 2 EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 20 October 2023 Claimant: Ms Rianna Nelson Respondent: Shapers (Sydenham) Limited Before: Employment Judge E Fowell Representation: Claimant In Person Respondent No appearance[1]The claimant suffered an unlawful deduction from wages as follows:(a) Notice pay £505.41(b) Holiday pay £328.32(c) Wages £581.40 The total amount due is £1,415.13[3]No award is made for a statutory redundancy payment as this liability has been met by the Redundancy Payments Service.[4]Applying the guidance in Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the award for unlawful deduction from wages is a gross amount which the respondent can satisfy by payment to the claimant of the net amount due and payment to HMRC of any tax and national insurance which falls to be deducted at source.[5]NB. If the respondent is insolvent, or fails or refuses to pay the above sums following all reasonable steps short of legal proceedings, further compensation may be available from the Redundancy Payments Service. Case Number 2304816/2022, 2300261/2023 Page 2 of 2