Miss M K Molinari v Brits Security Limited and 1 other — 2021

The respondents did not present a response within the time required by rule 16 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and did not make a compliant application under rule 20. The tribunal wrote to the claimant for further information, and she provided payslips and a statement of terms and conditions. After a preliminary hearing, the Employment Judge recorded that the rule 21 consideration had not yet taken place and that judgment would be considered after the hearing.

The tribunal was satisfied that the claimant was entitled to a rule 21 judgment on her wages claim against Brits Security Limited, described as the company that paid her wages throughout her employment. It found that the claim under section 23 of the Employment Rights Act 1996 and/or as a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 was well founded. The tribunal declared that Brits Security Limited had deducted £640 from wages due on 10 March 2021 and 10 April 2021.

The deductions were broken down as a £200 shortfall on February 2021 pay, where £1,600 gross pay was due on 10 March 2021 but only £1,400 was paid, and a £440 shortfall on March 2021 pay, where £1,840 gross pay was due on 10 April 2021. Brits Security Limited was ordered to pay the claimant £640.

The claimant had indicated that if her wages claim was satisfied she would not pursue any further claims. The remaining Equality Act 2010 claims against both respondents, described as claims for direct discrimination and/or equal pay, were stayed until 13 June 2022. The judgment stated that unless the claimant wrote to the tribunal on or before that date asking for the stay to be lifted, those remaining claims would be dismissed without further order.