Mrs V Lee v Healthcare Recruitment UK Ltd: 2502362/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the South East Employment Tribunals on 17 October 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £1,172.25 gross. This is calculated on the basis of the National Minimum Wage for 2023 – 2024 of £10.42. The claimant provides her contract which appears to provide for the rate of pay to vary depending on results. However, at the relevant time the National Minimum Wage was more than the enhanced rate of pay based on results so, although the claimant has not shown that she was entitled to the enhanced rate of pay, I am satisfied that she was entitled to at least the National Minimum Wage. 3 weeks X 5 days X 7.5 hours @ £10.42 = £1,172.25. Those are the particulars which should have been on an itemized pay statement provided in accordance with s.8 Employment Rights Act 1996.[3]The respondent has failed to provide the claimant with itemized pay statements in accordance with s.8 Employment Rights Act 1996.[4]It has not been shown that any unnotified deductions were made. No further order is made under s.12 Employment Rights Act 1996.[6]The respondent must pay the claimant £1,172.25 in total. 4.17 Rule 21 judgment – universal template. September 2017 Case No:2502362/2023