Ms C Connor v La Perla Beauty (UK) Limited — 2024

The claimant, Ms C Connor, brought a complaint of unauthorised deductions from wages against La Perla Beauty (UK) Limited. The respondent did not attend the hearing, which proceeded in its absence; the tribunal noted the respondent had written stating it had not received the claim form but was aware of the hearing date, and that the respondent had not disputed that the claimant had not been paid. Employment Judge Emery determined that further delay would cause significant prejudice to the claimant.

The tribunal found that the claimant's employment began on 21 August 2023, that her gross monthly salary was £7,916.67, and that she received only £1,500 in respect of September 2023 wages before resigning on 21 December 2023. Applying s.13 and s.27 of the Employment Rights Act 1996, the judge concluded the claimant was owed wages for the period 1 September 2023 to 21 December 2023 and awarded a gross total of £28,826.94 (September £7,916.67 less £1,500; October £7,916.67; November £7,916.67; December £6,576.93).

The tribunal declined to make any award for the claimant's unpaid expenses, holding that under s.27(2)(b) ERA 1996 such payments fall outside the statutory definition of wages and would be more properly pursued as a breach of contract claim. Relying on Walters t/a Rosewood v Barik, the award was made gross, with the claimant responsible for accounting to HMRC for tax and National Insurance.