Mrs T Beattie v 123 Group Solutions Ltd T/a 123 Recruitment and Training: 6007706/2024
JUDGMENT
[1]The claimant’s complaint of unauthorised deduction from wages succeeds.[2]The respondent is ordered to pay to the claimant £ 5125 made up as follows:a. £125 shortfall in wages paid for the week 25 March to 31 March 2024b. £2500 gross monthly salary for April 2024c. £2500 gross monthly salary for May 2024REASONS
[3]By a claim form dated 5 August 2024 having achieved an early conciliation certificate between 27 June 2024 and 30 July 2024 the claimant brought a complaint under section 23 and section 13 Employment Rights Act 1996 for unauthorised deduction from wages. The respondent was notified of the claim and of this final hearing date. It failed to provide its response by the deadline date of 9 September 2024. The respondent was then notified no response having been received it would be prevented from giving evidence on liability at the hearing today but might make representations, to such extent as the judge hearing the case would allow, on remedy only. I am satisfied that the respondent has had notice of the hearing and has failed to attend and or make any written representations.[4]I heard oral evidence from Mrs Beattie. I make the following findings of fact: The claimant was employed by the respondent between 4 September 2023 and 31 January 2024 and at that time a contract of employment was agreed between them and set down in writing that her gross annual salary was to be £30,000. There was then a break in her employment and she resumed employment for the respondent on the same terms as previously agreed though trading from new premises on 25 March 2024 until 31 May 2024. At the end of March 2024 when the claimant had had no pay she raised this and was paid £500 personally by Mr Benjamin Kershaw to cover the period between 25 March and 31 March 2024. In April the claimant received no pay and in May the claimant received no pay. The claimant had protested about the respondent’s failure to pay and on 31st May 2024 the claimant resigned.[5]The relevant law is set out in section 13 and section 23 of the Employment Rights Act 1996. Applying the law I find that the claimant was entitled to a gross annual salary of £30,000, that she worked one week of March 2024 and all of April and May 2024 without payment. The wages properly payable to her were £2500 per month gross. In failing to pay her the respondent made an unauthorised deduction of wages properly payable.[6]I award the claimant £5125 being £125 shortfall for 25-31 March (annual salary divided by 12 then by 4 which would give £625 gross per week, the claimant had only received £500 for the last week of March so is due a shortfall of £125. I award £2500 for April, and I award £2500 gross for May This judgment has been approved for promulgation by