Ms S Saint v Badas Consultancy Ltd T/a COFX: 6005665/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]Notice of the claimant’s claim was sent to the name and address provided for the respondent: Tunca Badas, 220 Fulham Palace Road, London W6 9NT.[2]It appears from the ACAS Certificate and box 8.2 of the claimant that in fact the correct legal entity that employed the claimant was Badas Consultancy Ltd t/a COFX. Nevertheless Tunca Badas is the sole director and person with significant control and his address on Companies House is 220 Fulham Palace Road, London, W6 9NT.[3]The Respondent’s name is therefore changed to Badas Consultancy Ltd t/a COFX. There is no need to re-serve the claim.[4]The response to the claim was due by 12 August 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[5]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £2,047.76 gross, subject to appropriate deductions for tax and National Insurance.[6]Although the claimant only requested £9 per hour for 179 hours (£1,611), she made clear this was net of tax. Awards for unlawful deduction of wages must be made gross and are subject to deductions for tax and National Insurance. Having considered the likely tax and National Insurance on the current rate of the Minimum Wage for the hours the claimant worked it is likely she was paid at or under that rate and it is unnecessary to request her to provide her gross pay. However if she disagrees with the gross pay rate she can ask for a reconsideration. Likewise if she disagrees with the name change for the respondent.[7]The hearing listed on 24 September 2024 is cancelled. 4.17 Rule 21 judgment – universal template. September 2017 Case No: 6005665/2024