Ms M McCafferty v Secure Transport Solutions Ltd: 4102693/2022
JUDGMENT
[1]The complaint was presented within three months of the date of the payment of wages from which the deduction was made, on 30 January 2022. The Tribunal, accordingly, has jurisdiction to hear the complaint which is not time barred.[2]The respondent has made unauthorised deductions from wages contrary to section 13 of the Employment Rights Act 1996 and is ordered to pay to the claimant the sum of SEVEN HUNDRED AND ELEVEN POUNDS STERLING AND FIFTY-FOUR PENCE (£711.54) in respect of unpaid wages earner in the period from 3 – 17 October 2020 and retained as ‘lying time’ due to be paid in the claimant’s final pay following the termination of the claimant’s employment.[3]The sum awarded at item 2 is expressed gross of tax and national insurance. It is for the respondent to make any deductions lawfully required to account to HMRC for any tax and national insurance due on the sums, if applicable.[4]The claimant’s claim for breach of contract is dismissed.[5]The respondent’s name is amended to Secure Transport Solutions Limited.REASONS
[1]The claimant brought a claim for two weeks’ lying time which she was informed would be paid when the employment ended. The claimant clarified during the hearing that she does not bring a breach of contract claim in respect of her notice period but that her claim is limited to outstanding lying time.[2]The respondent did not enter an ET3 response.[3]The hearing under Rule 21 of the Employment Tribunal rules 2013 took place at the Glasgow Employment Tribunal on 22 September 2022.[4]A notice of the hearing was sent to the respondent’s postal address on 25 August 2022. The Notice informed the respondent of the date of the hearing and of the fact it would take place in person at 20 York Street, Glasgow. The respondent failed to make any contact with the Tribunal regarding hearing. The respondent did not attend and was not represented at the hearing. It was elected to proceed with the hearing in the respondent’s absence under Rule 47, having considered all information available, including the respondent’s failure to enter an ET3, and having made such enquiries as were practicable as to the reasons for the respondent’s absence.[5]Oral reasons were given at the hearing.[6]Written reasons will not be provided unless they are asked for by a party within 14 days of the sending of this written record of the decision.