Miss A Rochester v Tandem Together Contact Centres Ltd: 2502545/2023
JUDGMENT
[1]The claim for arrears of pay consisting of unpaid wages is well founded and succeeds.[2]The Respondent is ordered to pay to the Claimant the gross sum of £1,718.73 in respect of unpaid wages.REASONS
[3]The Claimant presented an ET1 on 27 November 2023. Proceedings were served on the Respondent’s registered office, with a response date of 28 December 2023. No response was returned.[4]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.[5]The Claimant wrote to the Tribunal, on 09 January 2024 providing some further information relating to her complaint. She had been employed by the Respondent from 05 June 2023 to 20 September 2023 as a Utility Procurement Consultant on a gross weekly salary of £572.91.[6]She submitted notice of resignation on 13 September 2023 with an effective termination date (‘EDT’) of 20 September 2023.[7]She was due to be paid three weeks’ pay on 30 September 2023, in respect of her last three weeks’ work, amounting to a gross total of £1,718.73.[8]She was not paid any wages on that date or thereafter.[9]I was satisfied that I had sufficient information to enable me to conclude that the wages which were properly payable to the Claimant on 30 September 2023 were not paid and Case Nos:2502545/2023 that the failure to pay amounted to a deduction for which there was no contractual or statutory authority on the part of the Respondent, and therefore, to issue a judgment under rule 21 of the ET Rules.