Mr J Tofolo v Lionheart Security Services Ltd — 2019

Mr J Tofolo brought an unpaid wages claim against Lionheart Security Services Ltd, saying he had worked for the respondent as a door supervisor on 22 and 23 February 2019 and that he had not been paid the £160 due a month later. The respondent did not file a response, and neither party attended the hearing on 13 November 2019. The tribunal proceeded under rule 21 on the material available, including the claim form and an email from the claimant asking for an update.

Employment Judge Miller found that the claimant had provided sufficient information about the work he did, when the money became due, and the amount unpaid. In the absence of any response from the respondent, the tribunal found that there had been a deduction of £160 from the claimant's wages due to be paid in March 2019. The claim therefore succeeded as an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996, and the respondent was ordered to pay the gross sum of £160.