Mr R Cook v Carron Tooling Ltd (England and Wales : Breach of Contract) -[2022] UKET 1402848/2021- (4 February 2022)

BAILII

Automated Summary

Key Facts

The claim was issued on 20 August 2021 by Mr R Cook against Carron Tooling Ltd. The respondent failed to provide a timely response, leading to a determination under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found that Carron Tooling Ltd made unauthorised deductions from the claimant's wages (£1392.51 gross) and failed to pay holiday entitlement (£5832.72 gross). The scheduled hearing on 11 February 2022 was cancelled.

Issues

  • The respondent failed to pay the claimant's holiday entitlement and must pay the claimant £5832.72 gross.
  • The respondent made unauthorised deductions from the claimant's wages and must pay the claimant £1392.51 gross.

Holdings

  • The respondent made unauthorised deductions from the claimant's wages and must pay the claimant £1392.51 gross.
  • The respondent failed to pay the claimant's holiday entitlement and must pay the claimant £5832.72 gross.

Remedies

  • The respondent has failed to pay the claimant's holiday entitlement and must pay the claimant £5832.72 gross.
  • The respondent has made unauthorised deductions from the claimant's wages and must pay the claimant £1392.51 gross.

Monetary Damages

7225.23

Legal Principles

The tribunal applied Rule 21 of the Employment Tribunals Rules of Procedure 2013 to determine the claim after the respondent failed to provide a timely response. This procedural rule allows a determination to be made in the absence of a valid response from the respondent.

Cited Statute

Employment Tribunals Rules of Procedure 2013

Judge Name

Employment Judge Gray

Passage Text

  • The respondent has made unauthorised deductions from the claimant's wages and must pay the claimant £1392.51 gross.
  • 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, or part of it, in accordance with rule 21 of the Rules of Procedure.
  • The respondent has failed to pay the claimant's holiday entitlement and must pay the claimant £5832.72 gross.