Miss S Rabheru v Freedom Sportsline Ltd (England and Wales : Unlawful Deduction from Wages) -[2022] UKET 2407899/2022- (29 November 2022)

BAILII

Automated Summary

Key Facts

The respondent, Freedom Sportsline Limited, failed to respond on time to the claim, leading to a determination under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found an unauthorized wage deduction of £418.47 (87 hours at £4.81, the minimum wage for a 16–17-year-old worker) and canceled the hearing scheduled for 2 February 2023. The judgment was issued on 29 November 2022 and sent to parties on 2 December 2022.

Issues

  • The respondent made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum (calculated as 87 hours at £4.81, being the minimum wage for a worker aged between 16 and 17) of £418.47.
  • 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, in accordance with Rule 21 of the Rules of Procedure.

Holdings

  • 3. The hearing listed for 2 February 2023 has been cancelled.
  • 1. 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, in accordance with Rule 21 of the Rules of Procedure.
  • 2. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum (calculated as 87 hours at £4.81, being the minimum wage for a worker aged between 16 and 17) of £418.47.

Remedies

The respondent is ordered to pay the claimant the gross sum of £418.47, calculated as 87 hours at £4.81, the minimum wage for a worker aged between 16 and 17.

Monetary Damages

418.47

Legal Principles

The tribunal applied Rule 21 of the Employment Tribunals Rules of Procedure 2013 to make a determination in the claim after the respondent failed to present a valid response on time. This procedural rule allows tribunals to decide cases where respondents do not comply with response deadlines.

Cited Statute

  • Employment Tribunals Rules of Procedure 2013
  • Employment Tribunals (Interest) Order 1990

Judge Name

Phil Allen

Passage Text

  • 1. 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, in accordance with Rule 21 of the Rules of Procedure.
  • 2. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum (calculated as 87 hours at £4.81, being the minimum wage for a worker aged between 16 and 17) of £418.47.