Ms E Westen v Deicors (Blackstone International Group): 3204134/2022
JUDGMENT
[1]The complaint of unfair dismissal is struck out for lack of jurisdiction under section 108(1) Employment Rights Act 1996.[2]The Tribunal has jurisdiction to hear the complaint of unlawful deduction from wages. And upon the Respondent having failed to enter a response to the complaint of unlawful deduction from wages, judgment pursuant to Rule 21 as follows:[3]The Respondent has made an unauthorised deduction from the Claimant's wages. The remedy to which the Claimant is entitled will be determined at a Remedy Hearing. Employment Judge Ross Date: 12 December 2022 Case Number: 3204134/2022 1 EMPLOYMENT TRIBUNALS Claimant: Ms E Westen Respondent: Decoirs Ltd (company number 10288580) Sued as Deicors (Blackstone International Group) Heard at: East London Hearing Centre (via CVP) On: 6 February 2023 Before: Employment Judge J S Burns Representation Claimant: in person Respondent: No appearanceREASONS
[1]I spent some time trying to ascertain the correct name of the Respondent as the name Deicors (Blackstone International Group) does not appear on the Companies House Register. The website of the business which the Claimant recognised as being the place at which she worked appears to represent Decoirs Ltd, although the website does not show any proper company name.[2]I was shown an extract from a job description, and received evidence from the Claimant based on her witness statement. On her evidence I find that the Claimant saw an advert for a job with the Respondent in about September 2021. The job advertised a salary in the range £20K-£24K per year for full time work 40 hours a week, in the first year, with an increase in the second year. Claimant applied and spoke to Nav, an employee of the Respondent. He confirmed that the terms the Claimant had seen would apply to the Claimant and in addition she would be paid travel expenses and that a contract would be issued to her in due course. No contract was ever issued however. The Claimant started work on 23/11/2021 and worked 8 hrs a day for 51 days in Case Number: 3204134/2022 2 total until 15/2/22 when her work for the Respondent ceased. During that time she incurred travel expenses of £424.80 The Respondent has made no payment to her.[3]I find that no specific rate was agreed for the Claimants pay so she is entitled to the National minimum wage of 51 days x 8 hours a day = 408 hrs x £8.91 = £3635.28 plus her travel expenses £424.80 = total £4060.08. This figure is gross of any tax and national insurance contributions which may be properly deductible.