Miss C Smith v ISS UK Ltd: 2501044/2019
JUDGMENT
[1]The claimant’s complaint of unauthorised deduction from wages is not wellfounded and is dismissed.REASONS
[2]By a claim form presented on 16th May 2019 the claimant brought a complaint that she had been underpaid wages. The claimant further alleged that wages that she had received, had been paid late. By response from presented on 20th June, the respondent conceded that wages had been paid late but insisted that the claimant had now received all monies due to her.[3]The matter was listed for a liability and remedy hearing on 24th July 2019 to commence at 09:45am, with a time estimate of one hour.[4]Prior to the hearing, there was an exchange of correspondence between the claimant and the respondent, the purpose of which was to identify the precise sums allegedly due to the claimant.[5]By a formal witness statement dated 17th July, Nicola Philp on behalf of the respondent set out their calculation of the sums due to the claimant, based upon her hourly rate and the number of hours she had worked. Attached to the statement are Case Number: 2501044/2019 copies of the relevant pay slips and correspondence. That statement was served upon the claimant on 17th July. The claimant did not reply.[6]The matter came on for hearing this morning at 9.45. By 10.00am, neither the claimant nor the respondent had arrived at the hearing centre. I am satisfied that the respondent did not intend to attend, as evidenced by their covering letter to which is attached the above-mentioned witness statement. I have taken that witness statement into account in arriving at my judgment. The employment tribunal has received no communication from the claimant to state whether or not she was to attend today and if not, why not.[7]Having examined the claim form and the response form, the correspondence, the pay slips and the witness statement from Nicola Philp, I am satisfied that the respondent has paid to the claimant all monies due to her. For those reasons, the claim is dismissed. EMPLOYMENT JUDGE JOHNSON