B Hallewell v Eat Fresh Investments Ltd: 2501794/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of unlawful deduction of wages against the Respondent is well-founded. The Respondent is ordered to pay to the Claimant the gross sum of £150.REASONS
[1]The Claimant presented a claim for unlawful deduction of wages on 23 November 2021. A response to the claim was due on 31 December 2021 but none was received. 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.[2]The claimant was employed by the Respondent from 03 August 2021 until 27 August 2021 as an executive assistant. In the short time that she was employed, the Respondent deducted the amount of £150 from her pay in respect of training, which in fact the Claimant never received. In any event, the Respondent had no contractual or other authority for making any such deduction from the Claimant’s wages. The Claimant was asked by the Tribunal to provide some further information about her claim and she did so on 05 January 2022.[3]I was satisfied that I had sufficient information to enable me to issue a judgment and was satisfied from that material, as briefly set out above, that the sum claimed is payable to the Claimant.