Mr P BarberClaimantGreater Resources LtdRespondent
Before
Judge Brian DoyleNot in attendance or represented for claimantMs Dorothy Donovan BL for respondentDate 15 April 2021
JUDGMENT
Acting in accordance with rule 47 of the Employment Tribunal Rules of Procedure 2013, the Tribunal’s judgment is as follows:[1]The correct title of the respondent is “Greater Resources Ltd” rather than “Nolan Transport” and the title of the proceedings is amended accordingly.[2]The claim was not presented to the Tribunal in time in accordance with sections 23(2)(a), 23(3A), 23(4) and 207B of the Employment Rights Act 1996 and thus the Tribunal shall not consider the claimant’s sole complaint of unlawful deductions from wages contrary to section 13 of the Act.[3]In any event, the Tribunal is satisfied that the claimant was paid wages “in arrears” rather than wages “in hand” and that all wages properly payable to him have been paid in the final payment made to him on 24 January 2020 following the termination of his employment.[4]The claim is therefore not well-founded and it is dismissed. Case Number: 2409083/2020 (V) Judge Brian Doyle Date: 15 April 2021