Mr B James v Treeserv Ltd (in creditors voluntary liquidation): 2402499/2020
JUDGMENT
The respondent having failed to present a response by 23 June 2020 and having failed to attend the hearing today the following matters were determined by the Tribunal:[1]The claimant’s claim that the respondent made unauthorised deductions from his wages succeeds.[2]It was not possible to quantify the claimant’s claim due to his non- attendance today by reason of issues relating to his mental health and documentation not being available to the Tribunal, in support of his claim as set out in section 8.2 of his claim form.[3]If possible, the Tribunal will be able to quantify the claimant’s claim without a remedy hearing being required and the claimant is ordered to provide the following: a) The claimant shall provide the Tribunal by 12 November 2020 with copies of documents supporting the figures identified in section 8.2 of the claim form (including the letter sent by the respondent to claimant following his resignation which was referred to by his representative); and, b) The claimant shall provide a signed and dated witness statement by explaining how he has calculated the figures being claimed and why in respect of the claim for the ‘night allowance, he believes that the Case Number: 2402499/2020(V) 2 respondent has claimed this allowance from the government. c) If the claimant is unable to provide evidence in support of a particular item being claimed in section 8.2 of the claim form, he should expressly say so.[4]Once the claimant has complied with the order made in paragraph 3 (above), the Tribunal will consider whether remedy can be determined without a further hearing or if not, to list this case for a further hearing with a length of 1 hour on a date to be advised. _____________________________ Employment Judge Johnson Date: …15 October 2020………………. Sent to the parties on: 3 November 2020 For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 2402499/2020 Hearing Code V EMPLOYMENT TRIBUNALS Claimant: Mr B James Respondent: Treeserv Ltd (in creditors voluntary liquidation) Heard at: Liverpool On: 20 April 2021 Before: Employment Judge Ord Representation: Claimant: Ms Jennifer James (sister) Respondent: Not in attendance REMEDY JUDGMENT[1]The Respondent unlawfully deducted the gross sum of £1,818.97 from the claimant’s salary.[2]The Respondent is ordered to pay the claimant the gross sum of £1,818.97 subject to any tax and national insurance that might be payable.