Mr Lee Attenborough v Envirokleen (Scotland) Ltd: S/4104951/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant’s complaints of:-(a) Unauthorised deduction from wages.(b) Holiday Pay.(c) Failure to provide written statement and employment particulars. succeed and the respondent shall pay to the claimant: (a) £769.60 (Seven Hundred and Sixty Nine Pounds and Sixty Pence) as wages deducted without authorisation. (b) £307.84 (Three Hundred and Seven pounds and Eighty Four Pence) as outstanding holiday pay. (c) £769.60 (Seven Hundred and Sixty Nine Pounds and Sixty Pence). (2 weeks x £384.80 for failure to provide written statement and employment particulars.REASONS
[1]A copy of the claim form setting out the claimant’s complaints was sent to the respondent on 4 June 2018.[2]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the respondent was required to enter a response within twenty eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:-(a) In respect of the claim for unauthorised deduction from wages, the respondent shall pay to the claimant the sum of Seven Hundred and Sixty Nine Pounds and Sixty pence (£769.60).(b) In respect of the claimant’s complaint of holiday pay the respondent shall pay to the claimant the sum of Three Hundred and Seven Pounds and Eighty Four Pence (£307.84).(c) In respect of the claimant’s claim for failure to provide a written statement and employment particulars, the respondent shall pay to the claimant the sum of Seven Hundred and Sixty Nine Pounds and Sixty Pence (£769.60). Employment Judge: Frances Eccles Date of Judgement: 17 July 2018 Entered in register: 17 July 2018 And copied to parties E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: S/4104951/2018 Hearing Held at Dundee on 27 February 2019 Employment Judge: Frances Eccles Mr L Attenborough Claimant No appearance no representation Envirokleen (Scotland) Ltd Respondent Represented by: Mrs B Wilson & Mr D Wilson Directors