Mr T Naylor v Cyclone Leisure Group Ltd: 2500267/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of unlawful deduction of wages (arrears of pay) is well-founded and succeeds. 1.1. The Respondent is ordered to pay to the Claimant the gross sum of £434.20.REASONS
[1]On 28 February 2022, the Claimant presented a Claim Form to the Tribunal in which he brought a complaint of unlawful deduction of wages (under section 23 Employment Rights Act 1996).[2]The Claim Form was served on the at its registered office, with a response date of 15 April 2022. However, no response was received. On 20 April 2022, the Respondent sought some further information from the Claimant, which he provided 28 April 2022.[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]As at the date of termination of employment, the was paid the gross amount of £10.40 an hour. On 01 November 2021 he gave notice to terminate his employment. In respect of his last week of employment he worked 41.75 hours – in the period 22 November to 28 November 2021, making a total of £434.20. Those wages were due to be paid to him on termination but were not paid.[5]I was satisfied that I had sufficient information to enable me to conclude that the wages of £434.20 were properly payable on termination and that the Respondent had failed to pay those wages. Therefore, I was able to issue a judgment against the Respondent.