Mrs G Bililo Kabangu David v Verrolyne Services Ltd: 3201687/2019
JUDGMENT
The judgment of the Tribunal is that the Claimant’s complaint of breach of contract is dismissed.REASONS
[1]At the outset of the hearing the Respondent’s representative stated that the monies being claimed in the sum of £402.20 for unlawful deduction from wages had been paid into the Claimant’s solicitor’s account on Friday. The Tribunal adjourned the hearing to enable the Claimant’s solicitor to check whether those monies had been received. When the case was reconvened, the Claimant’s solicitor confirmed that the sum of £402.20 had been paid into their account (apparently without their authorisation). However, the monies had been received.[2]The Tribunal considered Section 24(1) of the Employment Rights Act 1996. It noted that it had to consider whether, in the claim for unlawful deduction from wages, it could make a declaration and order an employer to pay a worker the amount of any deduction made in contravention of Section 13 of the Employment Rights Act 1996. In this case the Tribunal could not make that declaration and order the Respondent to pay that money, as the money had already been paid (albeit very late) into the Claimant’s solicitor’s account. Case Number: 3201687/2019[3]The Tribunal went on to consider Section 24(2) of the Employment Rights Act 1996. It noted that the Claimant was seeking financial loss as a result of the failure by the Respondent to pay her outstanding wages. However, as the Tribunal could not make a declaration to order the Respondent to pay those monies, because they had already been paid (albeit very late in the day), it was not in a position to make or consider any order in relation to financial loss sustained by the Claimant attributable to the failure to pay those monies. Therefore, her claim for financial loss could not proceed as there was no basis under Section 24(2) of the Employment Rights Act 1996 for that element of her claim to be considered.[4]Oral reasons were given at the hearing.