Mr S Puidokas v Namto Ltd: 2415972/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Tribunal having heard the evidence from the claimant in a hearing conducted remotely by CVP technology, the Judgment of the Tribunal is that:[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,753.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £431.10.[3]The Tribunal does not have jurisdiction to consider the claimant’s claim for breach of contract as the claim was not entered within the time required by paragraph 7 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994.[4]The sums awarded should be paid to the claimant within 14 days of the date when this Judgment is sent to the parties.REASONS
[1]The claimant claimed unlawful deduction from wages, breach of contract (in respect of notice) and for accrued but untaken holiday pay. No response was presented to the claims by the respondent.[2]The hearing was conducted by CVP remote video technology. It was attended by the claimant. He gave evidence under oath.[3]The Tribunal makes the following findings:a. The claimant was employed by the respondent from 18 February 2020 until 21 June 2020;b. The claimant was not paid £1,753 of pay which was due to him, without any lawful and valid reason, and therefore this was an unlawful deduction from the claimant’s wages;c. As at the termination of the claimant’s employment the claimant had accrued but untaken annual leave and he was not paid for this following termination as he should have been. The claimant was due £431.10 for accrued but untaken annual leave;d. The claimant was not given any notice of the termination of his employment, nor was he paid in lieu of notice. The claimant was entitled to one weeks notice. The respondent therefore dismissed the claimant in breach of contract. However, the date upon which a claim should have been entered at the Tribunal was 20 October 2010, based upon the date of termination of employment (21 June) and the period of ACAS Early Conciliation. The claim was entered on 21 October 2010 and it was reasonably practicable for the claim to have been entered in time. The Tribunal therefore does not have jurisdiction to determine the claimant’s claim for breach of contract (notice). The position differed for the claims for unlawful deduction from wages and for accrued but untaken holiday pay, as time for those claims runs from the date when payment was due/the deduction was made, and therefore those claims were brought within the time required.