R Chen v The Food Map Co Ltd: 3200398/2025
JUDGMENT
[1]The proper name of the respondent is The Food Map Co. Limited.[2]The respondent’s application for an extension of time for presenting a response is refused. The matter can proceed under Rule 22 of the Employment Tribunal Rules of Procedure 2024.[3]The claim of unauthorised deductions from wages was presented within the applicable time limit.[4]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages on 9 February 2025.[5]The respondent shall pay the claimant £1416, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. This figure is calculated based on a rate of £16 per hour for 88.5 hours worked.[6]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to Case Number: 3200398/2025 two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay.[7]In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £768. This is calculated on the basis of a week’s pay being £384 at a rate of 24 hours per week paid at £16 per hour. Approved by