Ms S Matharu v Lola Rose Interiors Ltd. (In Voluntary Liquidation) — 2020

The tribunal dealt with the case on the papers under Rule 21 after the respondent, which was in voluntary liquidation, did not present a valid response. It accepted that the claims could be determined on the material before it. The claimant appeared in person and the respondent did not appear.

The claim for unauthorised deduction from wages succeeded. The tribunal noted that the claimant produced a payslip showing net pay of £1,616.04 and found that this sum had not been paid to her. It ordered the respondent to pay that net amount.

The claim for failure to provide written particulars of employment also succeeded. The tribunal found that the claimant had not received a written statement of particulars as required by section 1 of the Employment Rights Act 1996. Under section 38 of the Employment Act 2002, it awarded two weeks' gross pay, which it assessed at £1,000, and said it was just and equitable to make that award because the respondent's director had indicated that a written contract would have been provided if the claimant had completed probation.

The unfair dismissal claim was dismissed. The tribunal stated that it had no jurisdiction to hear that claim because the claimant had been employed for less than two continuous years. The judgment recorded no separate award for unfair dismissal and the total sum ordered was £2,616.04.