Miss Nicola Ayers v Mr Paul Wriglesworth: 2500917/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Employment Tribunal is as follows:[1]Pursuant to Rule 48 of the Rules of Procedure it is ordered that the preliminary hearing that was to have taken place today shall be treated as a final hearing, the Tribunal being satisfied that neither of the parties shall be materially prejudiced by that change.[2]The claimant’s complaint under section 23 of the Employment Rights Act 1996 that the respondent made unauthorised deductions from her wages, contrary to section 13 of that Act, is well-founded in that he did not pay her at all in respect of the work that she undertook for him on any of the following four days: Monday 18 and Tuesday 19 February 2019, and Monday 4 and Tuesday 5 March 2019.[3]The respondent is ordered to pay to the claimant the amount of those deductions being, in total, £206.64; that amount being calculated on the basis that on each of the four days referred to the claimant was contracted to work for the respondent for seven hours and did work for seven hours in respect of which she was due the minimum wage of £7.38 per hour (ie. £51.66 per day).[4]The above total amount of £206.64 has been calculated by reference to the claimant’s gross pay and any liability to income tax or employee’s national insurance contributions shall be the liability of the claimant alone.[5]Any complaint that may be inferred from the claimant’s claim form (ET1) to the effect that she had been subjected to disability discrimination by the respondent was withdrawn by the claimant and is dismissed. EMPLOYMENT JUDGE MORRIS