A Chikwendu v Tranzfar Ltd: 6007151/2025
JUDGMENT
[1]The claimant’s application to amend and bring a claim for constructive unfair outside the statutory time limits is dismissed. It was reasonably practicable for the claimant to bring the constructive unfair dismissal claim within the statutory limitation period.[2]The respondent has not filed a defence and default judgment has been entered in favour of the claimant as follows:2.1 The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from 1 October 2024 to 28 February 2025 the effective date of termination. The respondent is ordered to pay to the claimant unpaid wages £9932.20 net. The respondent is responsible for paying tax and national insurance.2.2 The claimant incurred interest due to the respondent’s non-payment of wages, and the respondent is ordered to pay the claimant interest in the sum of £239.24. The interest claim for monies borrowed from friends and family members is dismissed.2.3 The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent shall pay the claimant £610 net (36.5 hours x £16.71 net per hour). The respondent is responsible for paying any tax or National Insurance. Approved by: