Ms M McCafferty v Secure Transport Solutions Limited — 2022

Ms M McCafferty brought a claim against Secure Transport Solutions Limited for two weeks' lying time which she said had been promised for payment when her employment ended. She clarified at the hearing that she was not pursuing any notice period claim, only the outstanding lying time. The respondent did not enter an ET3, did not attend the hearing, and was not represented. The tribunal proceeded in the respondent's absence under Rule 47 after considering the available information and the steps taken to notify the respondent.

The tribunal found that the complaint was presented within three months of the payment of wages from which the deduction was made, namely 30 January 2022, and therefore was not time barred. It held that the respondent had made unauthorised deductions from wages contrary to section 13 of the Employment Rights Act 1996. The tribunal ordered the respondent to pay £711.54, being unpaid wages earned in the period 3 to 17 October 2020 and retained as lying time due to be paid in the claimant's final pay following termination of employment. The award was expressed gross of tax and national insurance.

The claimant's breach of contract claim was dismissed. The judgment records no separate monetary award for that claim and no separate findings beyond the claimant's clarification that her case was confined to the unpaid lying time.