Mr C Ralph v The Malacca: 4105483/2022

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4105483/2022
Mr C RalphClaimantThe MalaccaRespondent
Employment Judge Hendry DateDate 5 January 2023

JUDGMENT

The judgment of the Employment Tribunal is that the claimant`s complaint of unlawful deduction of wages succeeds and that the respondent shall pay to the claimant the sum of Four Hundred and Seventy-Two Pounds (£472) in respect of said deduction.

REASONS

[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 1 October 2022.[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. Contd./..2..[4]On the basis of the available material the Employment Judge decided he could properly determine remedy as follows:- (a) In respect of the claimant`s complaint of unlawful deduction of wages the respondent shall pay to the claimant the sum of £472 being wages for his first 30 hours of work and 34 hours for his second week’s work, at £10.50 per hour. The claimant earned £315 for his first week’s work (30 hours) (less £200 which was advanced to him) and £357 (34 hours) for his second week’s work in June and July 2022.