Mr Mark Arthur v Fabcraft Engineering Limited — 2018

The tribunal sat alone and proceeded in the absence of an ET3 response, deciding the case on the material before it. It found that Fabcraft Engineering Limited had unlawfully deducted wages from Mr Mark Arthur and awarded him £1,473.50 for unpaid wages relating to the weeks ending 13th, 20th and 27th April 2018.

It also upheld Mr Arthur’s breach of contract claim in respect of unpaid expenses and awarded £216.58 for expenses incurred in the course of his employment. The tribunal noted that Mr Arthur had raised a written grievance and found that the respondent had unreasonably failed to comply with the ACAS Code of Practice.

Because of that failure, the tribunal increased the award by 25%, resulting in a total sum due of £2,112.60. It also recorded that Mr Arthur is responsible for any income tax or employee national insurance contributions due on the wages element, and noted that if the respondent has ceased trading and recovery is difficult, he may be able to seek part of the debt from the National Insurance Fund under section 166(1)(a) Employment Rights Act 1996. Interest was stated to accrue at 8% per annum on any part of the award unpaid 14 days after the date of judgment.