Mr R Kumar v TM 1890 Ltd: 4110049/2019
JUDGMENT
The claim under section 23 of the Employment Rights Act 1996 is well-founded and the respondent shall pay to the claimant the sum of EIGHTY-TWO POUNDS AND TEN PENCE (£82.10) as unlawful deductions from wages.REASONS
[1]The claimant claims that the respondent made unauthorised deductions from his wages. A copy of the form setting out the claimant’s complaint was sent to the respondent on 15 August 2019.[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 E.T. Z4 (WR) 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]At the hearing there was no appearance by or for the respondent. The claimant was present. He explained that in the claim form he sought payment of £148.11 wages which had not been paid. He had now spent time with the CAB and had calculated the hours worked for the respondent as follows:a. 23 to 26 April 2019 - 41 hours 15 minutes for which he was paid for 35 hoursb. 29 April to 3 May 2019 – 50 hours for which he was paid for 45 hours 45 minutes[4]The clamant seeks payment in respect of ten hours at the rate of £8.21 per hour that is £82.10.[5]In the absence of any response from the respondent and having seen the claimant’s calculation of the hours worked and the payment received the Tribunal considered that the claim was well founded and ordered the respondent to pay the claimant £82.10 as unlawful deduction from wages.