Case 1800751/2024 · Employment Tribunal
Mr J Harding v Instant Business Communications Limited — 2024
- Case reference
- 1800751/2024
- Decision date
- 4 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Date
Parties
2 namedClaimant
Mr J Harding
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 29 February 2024 and the respondent did not present a valid response in time. The Employment Judge therefore determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013.
On the wages complaint, the tribunal held that it had no jurisdiction to deal with unpaid wages where the date of payment was more than two years before the claim was presented, applying ERA 1996 s 23(4A). The part of the complaint relating to wages payable before 28 February 2022 was dismissed. The tribunal also stated that wages payable after the claim was presented could not be recovered without an amended claim form.
For the period from 28 February 2022 onwards, the tribunal found that the respondent had made a series of unauthorised deductions from the claimant's wages and ordered payment of £90.82 for March 2022, £999.19 for the 2022 to 2023 tax year, and £6,041.61 for April 2023 to 29 February 2024. It also found that the respondent had failed to pay the claimant's holiday entitlement for 2024 and ordered £443.14. The hearing listed for 24 July 2024 was cancelled.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Rule 21 judgment. The tribunal held it had no jurisdiction over wages payable before 28 February 2022 under ERA 1996 s 23(4A), so that part of the complaint was dismissed. It found unauthorised deductions from wages since 28 February 2022 and awarded £90.82 for March 2022, £999.19 for tax year 2022 to 2023, and £6,041.61 for April 2023 to 29 February 2024. | Upheld | — | £7,132 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement for 2024 and ordered payment of £443.14. | Upheld | — | £443 |
Remedy
Monetary award- Total award
- £7,575
- across all upheld claims
Legal tests applied
2 references- Employment Tribunals Rules of Procedure 2013 rule 21
- Employment Rights Act 1996 s 23(4A)
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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