(1) Mr C Millward (2) Mr N Millward v Castleman EV Ltd — 2022

The claims were heard at a public preliminary hearing on 13 January 2022. The respondent did not attend and had filed no response, despite service at its registered office. The tribunal proceeded on the information supplied, principally by Mrs Millward, and entered judgments for both claimants.

For Mr C Millward, the tribunal found unauthorised deductions from wages and ordered £2,913.82, made up of the December 2020 underpayment, January 2021 wages, and underpayments of £2 per hour for October to December 2020 after he was moved to another site. It also found a breach of contract in relation to notice and awarded £435.50, and found unpaid holiday entitlement and awarded £1,220.80.

The tribunal further found that Mr C Millward had not been given written particulars of employment in breach of section 1 ERA 1996 and awarded a further £1,680 under section 38 of the Employment Act 2002. It held that he was unfairly dismissed under section 104 ERA 1996 because he had asserted a statutory right, but no separate award was made for that claim. It also found that he had not been provided with itemised pay statements under section 8 ERA 1996, again with no separate award.

For Mr N Millward, the tribunal found unauthorised deductions from wages and ordered £914.80, comprising the December 2020 underpayment and furlough-related payments for 18 December 2020 to 18 January 2021 and for 18 to 23 January 2021. It also held that he was unfairly dismissed under section 104 ERA 1996, with no separate award, and that he had not been provided with itemised pay statements under section 8 ERA 1996, again with no separate award.