Miss M Luca v Huo Guo Ltd: 2501012/2021

EMPLOYMENT TRIBUNALS
Case No 2501012/2021
Miss M LucaClaimantHuo Guo LtdRespondent
Employment Judge JohnsonIn person for claimantNot represented for respondentDate 29 December 2021

JUDGMENT

[1]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent is ordered to pay to the claimant the sum of £5,088.00 in respect of unpaid wages. That is a gross amount and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon.

REASONS

[1]By a claim form presented on 14th July 2021, the claimant brought a complaint against her former employer of unauthorised deduction from wages. The claim was served upon the respondent by letter dated 15th July 2021, in which it was stated that the respondent must present its response not later than 12th August 2021.[2]The respondent has failed to present a response to the tribunal. The claimant is therefore entitled to a judgment in respect of the complaint of unauthorised deduction from wages.[3]The claimant attended today’s hearing and gave evidence under oath. The claimant confirmed that her employment with the respondent began on 4th Case Number: 2501012/2021 2 October 2019 and ended on 14th March 2021. The claimant was paid in cash at the rate of £120.00 per week, for work carried out as a kitchen assistant.[4]The claimant was last paid on 7th March 2020. Thereafter, the claimant was to be paid 80% of her wages under the government’s furlough scheme. The claimant confirmed that the respondent has claimed from the government 80% of her wages as part of that furlough scheme but has failed to account to the claimant with that money.[5]The claimant is owed 80% of 53 weeks wages at £120.00 per week, which totals £5,088.00.[6]The respondent is ordered to pay to the claimant the sum of £5,088.00 in respect of unpaid wages. That is a gross amount and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon. G Johnson EMPLOYMENT JUDGE JOHNSON