IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL
IN THE MATTER:
NELLY DA SILVA
HSBC BANK PLC
ARTICLE 12 JUDGMENT
Mrs. H G Griffin, Chairman
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.
The Respondent shall pay to the Claimant the sum of £418.74.
The Claimant presented her Claim Form on 8 October 2018 for an unauthorised deduction from the Claimant’s wages.
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.
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 =
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)
Mrs. H. G. Griffin, Chairman
Date: 1 November 2018