The respondent failed to respond to the claim, leading to a default judgment in favour of the claimant for unauthorised deductions and unpaid holiday pay.
Legal Issues (4)
Default judgment under rule 22 of the Employment Tribunal Rules of Procedure 2013
unauthorised deductions from wages (Employment Rights Act 1996
Part II)
failure to pay holiday pay (Working Time Regulations 1998).
All claims were dismissed: disability discrimination struck out for failure to prove disability, unfair dismissal dismissed as procedurally fair and within range of reasonable responses, and unpaid holiday pay claim dismissed because the claimant had in fact been overpaid.
Legal Issues (5)
Definition of disability (substantial adverse effect
long-term)
unfair dismissal – range of reasonable responses
adequacy of investigation
unlawful deduction from wages – set-off for overpayment of wages.
All claims failed on their merits after a full hearing; the Tribunal found no unlawful discrimination, harassment, victimisation, equal pay breach, or whistleblowing detriment.
All claims were dismissed as not well-founded after a final hearing.
Legal Issues (2)
The claims were dismissed without written reasons. The legal issues would have involved entitlement to a redundancy payment and breach of contract for notice pay
The tribunal found that the respondent made unauthorised deductions totalling £321.70 from the claimant's wages, as the identity card had been returned, the notice period charge was unsupported by evidence of additional costs, and part of the training cost deduction exceeded the actual cost incurred.
Legal Issues (5)
Construction of contractual deduction clauses
whether deductions were authorised by written agreement or statutory provision
application of National Minimum Wage regulations
requirement for employer to prove actual additional costs for notice period charge
The claimant was not an employee of the first respondent, but an agency worker, and therefore not entitled to unpaid wages, holiday pay or a redundancy payment from the National Insurance Fund.
Legal Issues (5)
Employee vs agency worker status
interpretation of contractual terms
entitlement to redundancy and unpaid wages under the Employment Rights Act 1996
section 182
significance of payslip and opt-out agreement terminology.
The claim of unfair dismissal was struck out as having no reasonable prospects of success and the Tribunal lacked jurisdiction, and subsequently the entire claim was struck out for failure to actively pursue.
Legal Issues (2)
Strike out for no reasonable prospects of success and lack of jurisdiction
strike out for failure to actively pursue the claim.