Mr Benjamin Hodgson v Durham Bed Centre Ltd: 2503151/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims are well-founded:1.1 The claim for unpaid wages.1.2 The claim for unpaid holiday pay.[2]The remedy to which the claimant is entitled will be determined at the hearing already listed to take place on 10 December 2018 at 2nd Floor, King’s Court, Earl Grey Way, Royal Quays, North Shields NE29 6AR.REASONS
[1]The claimant filed a claim with the Tribunal on 19 September 2018 which was served on the respondent at its registered office on 12 October 2018.[2]The respondent has failed to file a response to the claim.[3]The amounts due to the claimant need to be clarified at a remedy hearing. The Tribunal will consider exercising its powers under section 38 of the Employment Act 2002. The claimant must be prepared to give evidence as to the amounts claimed by way of unpaid wages and unpaid holiday pay and amounts deducted unlawfully from his wages.[4]The respondent will only be permitted to take part in the Remedy Hearing to the extent (if any) permitted by the Employment Judge. Case Numbers: 2503151/2018[1]There is a declaration that the respondent made unauthorised deductions from the wages of the claimant in the following amounts:1.1 By failing to pay commission to the claimant throughout his employment. The amount of the unlawful deduction was £375.00 gross and the respondent is ordered to pay that sum to the claimant forthwith. The claimant is to account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of that sum when received by him.1.2 By failing to pay the sum of £23.49 in respect of net wages due to the claimant in respect of the week ending 13 July 2018. The respondent is ordered to pay that sum to the claimant forthwith. The respondent is to account to the appropriate authorities for all income tax and employee national insurance contributions deducted from that sum.1.3 By failing to pay holiday pay to the claimant on the termination of his employment. The amount of that deduction is £289.71 gross and the respondent is ordered to pay that sum to the claimant forthwith. The claimant is to account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of that sum when received by him.[2]There is an award to the claimant of £630.00 (2 weeks gross pay of £315.00 per week) pursuant to section 38(3) of the Employment Act 2002 to reflect the breach by the respondent of section 1(1) and /or section 4(1) of the Employment Rights Act 1996 (failure by the respondent to provide written particulars of the employment to the claimant within 2 months of the start of his employment). The respondent is ordered to pay that sum to the claimant forthwith.[3]The total sum due to the claimant from the respondent is £1,318.20 and is payable forthwith.