Miss L Waters v Carlos Matto t/a Oval Bookkeeping Company — 2020

Miss L Waters brought a claim for unlawful deduction from wages against Carlos Matto t/a Oval Bookkeeping Company. No response was received. The tribunal recorded that Mr Matto was the only director of Oval Bookkeeping Company Ltd and that he had signed an application on 16 December 2019 to strike the company off the register. The tribunal noted the statutory warning on the form and the provisions of sections 1004 and 1005 of the Companies Act 2006, including the restriction on striking off where the company had traded in the previous three months.

On the basis of that application, the tribunal found it must be the case that the limited company was not carrying on business in October and November 2019 when the claimant was working. The tribunal therefore held that the claimant was employed by Mr Matto personally and that he was the correct respondent to the claim. It upheld the unlawful deduction from wages complaint.

The tribunal ordered the respondent to pay the gross sum of £847.50. That figure was calculated from 22 days worked at £55 per day, giving £1,210, less £362.50 already paid.