Miss Natalie Allen v B2B Telemark Limited — 2019

The respondent failed to present a defence and did not appear or have representation at the hearing. Employment Judge John Crosfill decided the matter on the claimant's ET1 and her oral evidence. The tribunal held that the claimant's claim for wages, including wages and commission, was well-founded under Part II of the Employment Rights Act, and that the holiday pay element was well-founded under regulation 30 of the Working Time Regulations 1998.

The tribunal found that the respondent had unlawfully deducted wages of £350 per week for the three weeks ending with 21 June 2019, totalling £1,150. It also found that commission at 10% on sales totalling £1,000 was due, amounting to £100. For holiday pay, the tribunal calculated annual leave accrued but untaken for the period 20 May 2019 to 21 June 2019 as £199.23, using the stated formula based on the claimant's weekly pay and commission.

The tribunal further found that the claimant incurred bank charges and interest of £15 as a direct consequence of the respondent's failure to pay wages. It ordered the respondent to pay £1,464.23 less any tax and national insurance contributions required by law.