Miss L Waters v Carlos Matto T/a Oval Bookkeeping Company: 2414511/2019
EMPLOYMENT TRIBUNALS
Case No 2414511/2019
Between
Miss L WatersClaimantCarlos Matto T/a Oval Bookkeeping CompanyRespondent
Before
Employment Judge SherrattResponse not received for respondentDate 20 February 2020
JUDGMENT
The judgment of the Tribunal is that the respondent has made an unlawful deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £847.50.
REASONS
[1]The amount payable to the claimant is based on 22 days worked in October and November 2019 at £55 per day = £1,210 less £362.50 paid.[2]The claimant brought her claim against Carlos Matto-Oval Bookkeeping Company.[3]Carlos Matto is the only director of Oval Bookkeeping Company Ltd, company registered number 12024552.[4]Mr Matto on 16 December 2019 made an application to the Registrar of Companies on form DSO1 to strike the company off the register on a voluntary basis. His signature was adjacent to a warning to all applicants that it is an offence to knowingly or recklessly provide false or misleading information on the application form.[5]By signing the application form Mr Matto confirmed that none of the circumstances described in section 1004 or 1005 of the Companies Act 2006 (being circumstances in which the directors would otherwise be prohibited under those sections from making an application) existed in relation to the company.[6]Section 1004 of the Companies Act 2006 provides that: “An application for voluntary striking off on behalf of a company must not be made if at any time in the previous three months the company has – (b) traded or otherwise carried on business.”[7]On the basis of Mr Matto’s application signed on 16 December 2019 it must be the case that the limited company was not carrying on business in October and November 2019 when the claimant was working and therefore she was employed by Mr Matto personally and he is the correct respondent to the claim.