Mr G Kareiva v Complex Logistics Ltd: 3309238/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued on 8th July 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claimant has suffered unlawful deductions from her wages in the sum of £2750.00.[3]Claimant’s other claims proceed to the hearing listed on 30th May 2023. _____________________________ Employment Judge Ord Date: 26 May 2023[1]In a Case Management Order dated 6 August 2024, Employment Judge Hanning directed a further hearing to reconsider the rule 21 judgment dated 26 May 2023.[2]The rule 21 judgment dated 26 May 2023 (which awarded the claimant a sum of £2,750) is varied as set out below. Unpaid wages[3]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 16 March 2022 to 16 June 2022. The respondent is ordered to pay to the claimant the gross sum of £1,190 deducted from pay.[4]This sum is made up of: £609.62 for the month of March 2022 (payable on 16th April 2022) £514.28 for the month of April 2022 (payable on 16th May 2022) £520.00 for the month of May 2022 (payable on 16th June 2022) The above three sums total £1,643.90 (rounded up to £1644) Statutory Sick Pay calculations have been factored into the above figures, but the claimant was not eligible as he did not provide the fit notes, so I have deducted £453. Total figure is therefore £1,190 (£1,190 minus £453). Case No: 3309238/22 Holiday pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's pay by failing to pay three days holiday pay and is ordered to pay the claimant the gross sum of £120.[6]This sum is calculated on the basis that the respondent's holiday leave year commences on 1 April, which is set out in the claimant’s contract of employment. The claimant accrues holiday at 1.66 days a month, so the claimant accrued 3 days holiday from 1 April to 23 May 2022 (the latter date is the day the claimant was dismissed with immediate effect). The claimant was paid £40 per day (4 hours per day at £10 an hour). Total[7]The respondent therefore owes the claimant the gross sum of £1,310 (£1,190 plus £120).