Miss Nicola Ayers v Mr Paul Wriglesworth — 2019

This was a Rule 21 judgment after the preliminary hearing was treated as a final hearing under Rule 48. The respondent neither attended nor presented a response, and the claimant appeared in person. The tribunal therefore determined the matter on the basis of the papers before it.

The tribunal upheld the claimant's complaint under section 23 of the Employment Rights Act 1996 that the respondent made unauthorised deductions from wages contrary to section 13 of the Act. It found that the respondent did not pay the claimant at all for work she undertook on four days: Monday 18 and Tuesday 19 February 2019, and Monday 4 and Tuesday 5 March 2019.

The award was calculated by reference to seven hours' work per day at the minimum wage rate of £7.38 per hour, producing £51.66 per day and £206.64 in total. The judgment states that the total was calculated by reference to gross pay and that any income tax or employee national insurance liability would be the claimant's responsibility.

The judgment also records that any complaint inferred from the ET1 that the claimant had been subjected to disability discrimination was withdrawn by the claimant and dismissed. No separate remedy was awarded on that complaint.