Mr T Turner v IM Bristol Limited — 2019

Mr Turner brought claims against IM Bristol Limited for unpaid wages, notice pay after summary dismissal, and failure to provide contractual documentation. The respondent said part of the wages had been withheld because he had taken more holiday than he was entitled to, but the tribunal found there was no written agreement allowing such a deduction. On the evidence accepted from Mr Turner, the net amount due for the work performed was £1,047 and, after £462 had been paid, the balance awarded for unlawful deduction from wages was £585.

The tribunal also found that Mr Turner had been dismissed without notice and that there was no question of gross misconduct. He was therefore entitled to one week's notice, calculated on 35 hours at £8.25 per hour, giving gross notice pay of £288.75 and a net award of £264. The tribunal further accepted his evidence that he had not received a contract of employment and awarded two weeks' pay of £577.50 in relation to that claim.

The respondent's employer's claim or counterclaim, said to arise from alleged loss caused by the claimant's lateness, was dismissed. The respondent did not attend the hearing and was unable to establish that claim. The judgment records no discrimination issues and does not identify any legal test by name.