Mr V Gupta v ZK Enterprise Ltd: 2410783/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent made an unauthorised deduction from the claimant's wages in the sum of £2,064.21, as follows:a. Arrears of pay 12-31 December 2022 being a gross deduction of £1,909.41 (164.18 hours x £11.63 gross per hour).b. Arrears of pay 1 May 2023 being a gross deduction of £66.06 (5.68 hours x £11.63 gross per hour).c. Arrears of pay 2 May 2023 being a gross deduction of £88.74 (7.63 hours x £11.63 gross per hour).[3]The respondent failed to pay the claimant’s accrued untaken annual leave entitlement between December 2022 and May 2023 of 11.66 days and the claimant would be entitled to the gross sum of £1,148.28 (gross daily pay of £98.48 x 11.66 days).[4]Consequently, the amount due to the claimant was £3,212.49 (£2,064.21 + £1,148.28). The respondent, through its director, made two payments on account to the claimant totalling £2,350.00 (£1,500 on 10/01/2023 and £850.00 on an unspecified date). Consequently, the respondent is ordered to pay the claimant the total gross sum of £862.49 (£3,212.49 - £2,350.00).[5]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.[6]The hearing on 20 May 2024 at 10:00 is cancelled.