Ms R Clegg v R Davies: 2411162/2021
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 respondent has made unauthorised deductions from the claimant's wages of, and is ordered to pay the claimant , the sum of £1,136.70 The respondent is to pay the gross sum due less the appropriate deductions for tax and national insurance, if any, for which he must account to HMRC.[2]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 £160.00 in respect of 2.33 hours untaken but accrued holiday (holiday pay). The respondent is to pay the gross sum due less the appropriate deductions for tax and national insurance, if any, for which he must account to HMRC.[3]The respondent failed to provide the claimant with itemised payslips, but, as the unnotified deductions have been awarded as unlawful deductions, the Tribunal makes no further financial award.[4]The respondent was in breach of his duty under s.1 of the Employment Rights Act 1996 to provide the claimant with a written statement of particulars of her employment, and the Tribunal makes an additional award , pursuant to s.38 of the Employment Act 2002, of two weeks pay (the amount sought by the claimant) in the sum of £320.00. This award is not subject to any deductions