Ms A Khan v Stone Oak Facilities Management: 6005059/2025
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period September to December 2024.[2]The respondent shall pay the claimant £1364.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.REASONS
[1]The claim was before me for a final hearing on 26 March 2026. The respondent did not attend, and these reasons are provided on the Tribunal’s own motion in order for them to understand the decision.[2]The respondent did not attend, and the Tribunal proceeded in their absence under rule 47 of the Employment Tribunal Procedure Rules 2024. The Tribunal clerk called the telephone number of the person with conduct of the matter in the respondent company, and they informed the Tribunal that they were in Italy. They stated that they were aware of the hearing and could not attend. The clerk invited the respondent to join by telephone but was told this was not possible. The clerk also invited the respondent to send an email to the Tribunal explaining the situation, however despite giving a further 30 minutes, this was not provided. PHCM Order (NEW August 2020) 1 of 3 August 2020[3]I was satisfied the respondent was aware of the hearing because they confirmed this to the clerk. The respondent had also sent to the Tribunal on 6 October 2025 its disclosure in the matter in which they referred to the final hearing notice and directions set therein. The respondent had therefore been aware of the hearing for some time, and no application to postpone had been made. The Tribunal also considered that there was more than one person in the respondent company and an alternative person could have been sent to conduct the litigation.[4]The respondent admitted in their response to the claim, that they owe the claimant the net sum of £1065.80. The claimant confirmed this is the amount she was claiming for her complaint of unauthorised deduction from wages and did not seek to suggest she was owed any more than that.[5]In the circumstances, I determined the claim in the claimant’s favour and by admission of the respondent. I must make the award in a gross sum and have therefore grossed up the net sum admitted of £1065.80, to reflect the total Judgment of £1364.00.[6]The claimant sought additional compensation for stress and inconvenience caused. I have no power to award the same for the complaint bought. I would have been able to make an award for any financial loss attributable to the unlawful deduction, but the claimant confirmed there was no such loss.[7]The claimant also sought interest between the date the amount was due to present. Again, I have no power to award the same, but interest will accrue on the Judgment debt as per the notice attached if the respondnet fails to pay the same.[8]The claimant also sought compensation for failure to provide her with payslips. I was satisfied that she was not provided with payslips until 6 October 2025, however the financial award that can be made for such failure relates to unnotified deductions rather than unauthorised deductions, which was not applicable in this case. Approved by: