Miss S Henderson v Stessa Leisure Holdings Ltd: 2501648/2021
JUDGMENT
[1]The claim for unauthorised deduction of wages under section 23 Employment Rights Act 1996 is well founded and succeeds.[2]The Respondent is ordered to pay the Claimant the sum of £558.REASONS
[3]The Claimant presented a Claim Form on 16 October 2021.[4]The proceedings were served on the Respondent at the address provided by the Claimant on her form ET1, Hexham Road, Swallwell, Gateshead with a response date of 23 November 2021. No response was returned. On 26 November 2021, on the direction of Employment Judge Jeram, the Claim Form was sent to Stessa Leisure Holdings Limited at its registered address. There has been no response to the Tribunal’s correspondence and no response served. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[5]The Claimant was employed as an Apprentice personal trainer from 17 October 2019 to 15 July 2021, when she resigned her employment. As at the date of termination she had worked 93 hours from 01 July to 15 July 2021. She had not been paid for those hours at the rate of £6 an hour.[6]I was satisfied that there was sufficient information on which I could issue a judgment in the Claimant’s favour and to order the Respondent to pay the Claimant the gross sum of £558 Case No: 2501648/2021