Mr P Galazka v C Entwistle T/a the King William Pub: 2409248/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent had failed to present a valid response on time in that when a response submitted some 4 months after it was due there was no application for an extension of time in accordance with Rule 20(1). An employment judge decided that a determination was not possible without a hearing on remedy. The respondent attended the hearing but no application for an extension of time for the response under Rule 20 was made and she was permitted to attend the hearing to make representations if she chose on the issue of the amount of remedy awarded.[2]The claimant referred to some documents which appeared to suggest that his employer may be The K William (Wilmslow) Ltd but he gave sworn evidence that this company was not named in his contract of employment nor was he told this company was his employer when he was employed and in the response submitted out of time there was no suggestion that this company was the correct employer. Mr Entwistle was referred to as a respondent to the claim in the claim form and he completed and returned the invalid response form.[3]The judgment of the Tribunal is as follows:a. The complaint of unauthorised deductions from wages is well-founded in respect of wages not paid while the claimant worked his notice period. The respondent made an unauthorised deduction from the claimant's wages in failing to pay the claimant wages on 30 June 2023. The respondent shall pay the claimant £1384.80, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.b. The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued as claimed by the claimant but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant £577. The claimant is responsible for paying any tax or National Insurance.