IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL

 

 

IN THE MATTER:

 

 

BETWEEN

NELLY DA SILVA

CLAIMANT

 

AND

 

 

HSBC BANK PLC

RESPONDENT

 


 

ARTICLE 12 JUDGMENT


 

 

Reference: TRE[2018]151

 

Before:             Mrs. H G Griffin, Chairman

                                                           

 

JUDGMENT

 

 

(1)            As a result of no Response Form having been presented on the expiry of the time limit in Article 8 of the Employment and Discrimination Tribunal (Procedure) Order 2016 (“Procedure Order”), the Claimant’s claim is successful.

 

(2)            The Respondent shall pay to the Claimant the sum of £418.74.

 

 

THE REASONS

 

The Claim

1.              The Claimant presented her Claim Form on 8 October 2018 for an unauthorised deduction from the Claimant’s wages.

No Response

2.              No response having been received from the Respondent, the Chairman decided that a determination on this matter could be properly made.  Article 12 of the Procedure Order states that the Chairman must therefore issue a judgment accordingly.

 

The Calculations

3.              Over a period of six weeks, the Respondent incorrectly deducted £209.51 per week from the Claimant’s maternity pay.  This was to reflect the amount paid to the Claimant by Social Security during that period.  The Claimant was, however, receiving only £139.72 per week from Social Security.  Over the six week period, the Respondent therefore deducted an excess of £69.79 per week.

 

£69.79 x 6 weeks = £418.74

 

4.              The Respondent shall pay to the Claimant the sum of £418.74 by way of damages for these unauthorised deductions from the Claimant’s wages.

Summary of Award

 

Damages for Breach of contract (unpaid wages)

£418.74

TOTAL AWARD

£418.74

 

 

 

 

Mrs. H. G. Griffin, Chairman                                                     Date: 1 November 2018

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Page Last Updated: 02 Nov 2018