Case 2223311/2024 · Employment Tribunal
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TopCase 2223311/2024 · Employment Tribunal
In person, assisted by Mr B Mirgol (her husband)
Employment Judge Glennie, sitting alone at London Central on 1 November 2024, heard the claim brought by Ms D Ghadayani against AForce London Limited. The Claimant appeared in person, assisted by her husband Mr B Mirgol. The Respondent did not attend the substantive hearing, having authorised Ms E Woznickza to confirm at the outset that it agreed to the hearing proceeding in its absence.
The Tribunal found three complaints of unlawful deduction from wages to be well founded: unpaid salary (£2,584.67 net), unpaid pension contributions (£446.30 net), and unpaid holiday pay (£1,553.61 gross). A further complaint, that the Respondent had failed to account to HMRC for sums deducted for income tax and national insurance, was dismissed on the basis that the Tribunal does not have jurisdiction to order payment of such sums to HMRC.
The total sums ordered to be paid by the Respondent to the Claimant were £3,030.97 net and £1,553.61 gross. The judgment records that reasons were given orally at the hearing and that written reasons will not be provided unless requested within 14 days.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unlawful deduction from wages in relation to salary; £2,584.67 net of income tax and NI. | Upheld | — | £2,585 |
| Unlawful deduction from wages | Unlawful deduction from wages in relation to pension contributions; £446.30 net. | Upheld | — | £446 |
| Holiday pay | Pleaded as unlawful deduction from wages with regard to holiday pay; £1,553.61 calculated gross. | Upheld | — | £1,554 |
| Other | Complaint that the Respondent failed to account to HMRC for sums deducted for income tax and NI; dismissed on the grounds that the Tribunal does not have jurisdiction to order payment of these to HMRC. | Dismissed | — | — |
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