Ms M Cohen v The Supply School Ltd: 2404792/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired , and no valid response having been presented by the respondent within the prescribed time limit , it is the judgment of the tribunal that:[1]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant in respect of the period between January 2019 and 14 March 2019. Wages due : 7 January to 14 January 2019 £ 461.54 15 January to 14 February 2019 £2,000.00 15 February to 14 March 2019 £2,000.00 Total due: £4,462.00 Less paid: 15 February 2019 £2,000.00 11 March 2019 £ 448.00 Total paid: £2,448.00 Amount unpaid £2,448.00[2]The respondent is ordered to pay the said sum of £2,448.00 to the claimant. This is a gross sum, and the claimant is to account to HMRC for any tax or national insurance payments due thereon.[3]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £328.76 in respect of 5 days untaken but accrued holiday (holiday pay) at the daily rate of £66.75. This is a gross amount and the claimant is to account to HMRC for any tax or national insurance payments due thereon.[6]The hearing listed on 12 August 2019 is cancelled.