F Breda v Watford Apsav Ltd: 3302452/2023
JUDGMENT
[1]The claimant’s complaint of unauthorised deductions from wages was upheld in a judgment dated 29 January 2024 made under Rule 21 of Schedule 1 to the Employment Tribunal Rules 2013.[2]The respondent shall pay the claimant £1810, less any deductions for tax or National Insurance, within 14 days of the date that this judgment is sent to the parties.[3]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period 10 November 2022 to 17 December 2022.REASONS
[1]The claimant was employed by the respondent from 10 November 2022 to 17 December 2022 when she resigned due to a failure by the respondent to pay wages. Early conciliation took place from 1 February 2023 to 7 March 2023 and the claim was filed on 9 March 2023.[2]The response was filed late and in that response the respondent stated that it did not defend the claim. No explanation having been given for the late filing and no request for an extension having been made, the response was rejected and judgment in default was issued on 29 January 2024. A remedy Case Number: 3302452/2023 hearing by video was listed for 20 March 2024 and both parties were provided with the link to attend.[3]The claimant attended and gave evidence on oath. She provided a copy of her contract and a breakdown of her working hours and payments received. She set out that she worked a total of 158 hours during the relevant period, amounting to gross pay (at a rate of £15 per hour) of £2370. She was paid £560 leaving a shortfall of £1810. She stated that she had not received any pays slips during or after her employment and has not received a P45, which has caused her considerable difficulties.[4]The claimant was a credible witness and I accepted her evidence, awarding the sum claimed.[5]The respondent did not attend the hearing. I confirmed with the tribunal clerks that it had been sent the link. The tribunal clerks tried to contact the respondent at the outset of the hearing by telephone and email, but the respondent did not answer.