Mr K Dubravec v Marvo Ltd: 3201335/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages succeeds. The respondent made an unauthorised deduction from the claimant's wages in the period between 23 April 2023 and 2 May 2023.[2]The respondent shall pay the claimant £1,120, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.REASONS
[1]By a claim form dated 20 July 2023 the claimant brought a complaint of unauthorised deduction from wages in total sum of £1,120.[2]The Notice of Claim and Notice of Hearing was sent to the respondent on 3 August 2023, giving it until 31 August 2023 to submit a response, if it wanted to defend the claim.[3]The respondent presented its response late, on 4 September 2023.[4]On 27 September 2023, Legal Officer K Bennet rejected the respondent’s response as being submitted late without an application to extend time. The respondent was notified that it would only be entitled to participate in a hearing Case Number: 3201335/2023 to the extent permitted by the Employment Judge who hears the case. The respondent did not apply for a reconsideration of that decision.[5]Neither party joined the hearing today. I considered whether the claim should be dismissed for non-attendance under Rule 47 of the of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the ET Rules”) but decided against that.[6]Having considered the claim form and in the absence of a valid response, I decided that a determination of the claim can properly be made without a hearing pursuant to Rule 21 of the ET Rules.[7]Accordingly, I have entered a judgment for the claimant.