in person For the v PNJ Security Ltd (In Corporate Voluntary Arrangement) — 2020

The claimant brought a complaint for unauthorised deduction from wages in respect of unpaid wages for February and March 2020. The tribunal found that he had worked for the respondent as a locksmith from January 2017 until 24 March 2020, that his salary was £30,000 per year, and that the respondent had failed to pay him £3,266.98 net for those months.

The tribunal first dealt with limitation and respondent identity. It held that the non-payment of wages was a series of deductions within section 23(4) ERA 1996, with the last deduction arising on 24 March 2020, so the primary limitation period expired on 23 June 2020. Although the claimant’s EC certificate against the Second Respondent extended time to 16 August 2020, the separate EC certificate for the First Respondent was obtained after the primary limitation period had already expired, so the original claim against the First Respondent was out of time.

The tribunal found on the evidence that the claimant’s employer was PNJ Security Limited, not Mr Paul Johnson personally. Applying the principles in Selkent Bus Company Limited v Moore [1996] ICR 836, it allowed the claim form to be amended so that PNJ Security Limited replaced Paul Johnson as respondent, because the company had received the claim, Mr Johnson was its sole director, and refusal of the amendment would likely deprive the claimant of any remedy. The claim was therefore treated as in time against the correct respondent.

On the merits, the respondent had not presented a response or otherwise indicated that it intended to defend the claim, and the available evidence did not suggest that the wage debt was disputed. The tribunal therefore upheld the unauthorised deduction from wages complaint and ordered PNJ Security Limited to pay the claimant £3,266.98 net and to account to HMRC for any tax and national insurance due.