Mrs S Wilkinson and Mrs P Clark v Jackdaw Capital Ltd (In Voluntary Liquidation): 2402318/2021 and 2402319/2021
JUDGMENT
[1]The respondent unlawfully deducted £514.09 from the claimant’s wages, which sum it is ordered to pay her. This is a gross sum and the respondent shall deduct and account to HMRC for any tax and national insurance payments due upon it.[2]Mrs P Clark. 1.The respondent unlawfully deducted £502.18 from the claimant’s wages, which sum it is ordered to pay her. This is a gross sum and the respondent shall deduct and account to HMRC for any tax and national insurance payments due upon it.REASONS
[1]The code V in the header indicates that this was a CVP hearing, held because the Tribunal considered that the issues could be determined without the need for an in person hearing. No party objected to that . The Employment Judge explained the procedure to the claimants , and invited them to raise any questions they may have during the course of the hearing.[2]By a claim form presented to the Tribunal on 9 March 2021 the claimants brought claims of unlawful deductions from wages their former employer. The claimants had indicated claims for holiday pay, and furlough pay, but the claims were, in essence, of unlawful deductions from wages.[3]The respondent , which went into voluntary liquidation on 2 March 2021, did not respond. The Tribunal postponed the original hearing date to allow for re-service at the new registered office after the liquidation, but still no response was received. 3.In these circumstances , the Employment Judge took evidence from the claimants, who had helpfully set out their claims in two short bundle of documents , containing a summary of the monies owed to each claimant. Towards the end of their employment, which occurred on 10 November 2020, the claimants did not receive payslips, though did each receive a final payslip in November 2020, but neither claimant received the full amount stated in the payslip.[4]An element of pay in the final payslips, however, was stated to be holiday pay, and in the case of Mrs Wilkinson, that was the sum , £235.57, that she received. Mrs Clark too was due £235.57 holiday pay, and received, curiously, £242.95.[5]As therefore the holiday pay claims have been paid, the remainder of the shortfall is accordingly recoverable as unlawful deductions from wages. This was explained to the claimants.[6]The Employment Judge accordingly is satisfied that the respondent made unlawful deductions from the wages of Mrs Wilkinson in the sum of £514.09, and from the wages of Mrs Clark in the sum of £502.18.The respondent is ordered to pay those sums, less any tax or national insurance payments due upon them. As the respondent is in voluntary liquidation, and the claimants will stand as unsecured creditors, they will doubtless make application to the Secretary of State for payment of these sums from the National Insurance fund.