In person For the v Mr S Belsom T/a SJS Security — 2023

Miss Sarah Ball worked for Mr Scott Belsom, trading as SJS Security, from 16 March 2022 until she resigned on 24 October 2022. The tribunal accepted that Mr Belsom was the correct respondent, rejected the suggestion that there was a partnership or that a separate limited company existed, and found that relevant employment documents were not produced, including a statement of terms and itemised pay statements.

The claimant succeeded in her unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996. The tribunal found that £679.00 gross wages due for October 2022 were not paid, and that a further £598.40 had been deducted from the claimant's wages between May and September 2022 on the basis that 25% of gross wages was to be withheld pending HMRC registration, but those sums were not paid to HMRC. The tribunal held that these were unlawful deductions and ordered Mr Belsom to pay the gross sum of £1,277.40.

The respondent's employer's contract claim against the claimant was dismissed. The tribunal held that it had no jurisdiction to hear that claim because the claimant had not presented a breach of contract claim under article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, and article 4(d) only permits an employer counterclaim where that precondition is met.