Ms K Hozakova v Vimo Ltd and Mehmet Imanli: 4105450/2020

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4105450/2020
Ms K HozakovaClaimantVimo Ltd and Mehmet ImanliRespondent
Employment Judge R McPhersonDate 8 February 2021

JUDGMENT

The judgment of the Employment Tribunal is as follows (oral reasons having been given at the hearing in accordance with Rule 62(2) of the Employment Tribunal Rules of Procedure 2013);[1]The claimants claim of unlawful deduction of wages succeeds and the respondents are ordered to pay the claimant the sums;a. £575.52 being the gross amount claimed so any tax and national insurance contributions will be the responsibility of the claimant to account for to HMRC; andb. together with interest accrued in respect of that sum to today’s hearing being £9.59; and[2]The claimants claim of in respect of unnotified deductions succeeds, there having been no itemised pay statement provided, the respondents are ordered to pay to the claimant the further sum of £575.72 being a sum not exceeding the aggregate of the unnotified deductions in terms of s12(4) of the Employment Rights Act 1996; and[3]The claimants claim in respect of non-provision of P45 does not succeed and is dismissed, in respect that this Tribunal does not have jurisdiction to consider same in terms of Income Tax (Pay As You Earn) Regulations 2003 and Income Tax (Pay As You Earn) (Amendment) Regulations 2016; and[4]The Employment Protection (Recoupment of Job Seekers Allowance and Income Support) Regulations 1996 do not apply to any of the sums awarded above.

REASONS

Oral reasons were given at the final hearing held via CVP, no request for or written reasons having been made by a party at the hearing. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by a party at the hearing or a written request is presented by any of the 3 parties within 14 days of the sending of this judgment.