Case No 8000670/2023Venue GlasgowHearing 29 April 2024
Between
Ms G CampbellClaimantBRVS Services LtdRespondent
Before
Employment Judge M SutherlandDate 29 April 2024
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £2,060.33. The claimant worked from 9 October until 1 December 2023. The claimant was due to be paid £2,583.33 monthly in arrears (£31,000/12 months). The Claimant was paid £1,547 on 31 October and £1,609 on 30 November. There was accordingly a shortfall of £1,036.33 on 31 October and £974.33 on 30 November. The claimant was due to be paid £49.67 in respect of overtime (2 hours x time and a half x £31,000/52 weeks/ 36 hours). The Respondent having previously failed to remit Income Tax and Employee National Insurance Contributions to HM Revenue and Customs, the Claimant shall instead be responsible for doing so.[2]Under contract and statute the Claimant was entitled to 1 week’s notice and the Respondent is ordered to pay the claimant the gross sum of £596.15 (salary of £31,000/ 52 weeks).[3]The complaints under Section 47B and 103A of the Employment Rights Act 1996 (whistleblowing detriment and dismissal), having been withdrawn by the claimant, are dismissed under Rule 52 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[4]The Claimant was not provide with itemised pay statements and is entitled to a declaration to this effect