Mr A Gibson v Nightingale Coaches Ltd: 2503435/2018

EMPLOYMENT TRIBUNALS

Case No 2503435/2018

Between

Mr A GibsonClaimant

Nightingale Coaches LtdRespondent

Before

Employment Judge Garnon

Date 28 January 2019

JUDGMENT

Employment Tribunals Rules of Procedure 2013 –Rule 21 The name of the respondent is amended to that shown above, without the need for re- service. On the claim of unlawful deduction of wages , I order the respondent to repay to the claimant £ 300 gross of tax and National Insurance

REASONS

[1]The claim form named Nightingale Coaches as respondent as did the Early Conciliation certificate. A Companies House search shows a company named as above with a registered office at the address upon which the claim was served . No injustice is done by adding the word “ Limited” to the title.

[2]A response was due by 24 January 2019 but none was received. An Employment Judge is required by Rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability only or remedy as well. I have sufficient to enable me to find the claim proved on a balance of probability and determine the sums to be awarded .The law relating to unlawful deduction of wages ( which includes holiday pay ) is in Part 2 of the Employment Rights Act 1996. TM Garnon