Mr M McNulty v Solo Service Group Ltd — 2019

Mr M McNulty brought a claim for unpaid wages against Solo Service Group Ltd. The tribunal heard from the claimant only; the respondent did not call any witnesses. The claim was treated as one for unauthorised deductions from wages under section 13 of the Employment Rights Act 1996.

The tribunal found that the claimant worked for the respondent as a Mobile Supervisor from 29 September 2017 to 31 October 2018 on a casual basis with no fixed contractual hours, paid at an hourly gross rate of £7.83. It accepted his evidence that he had worked in October 2018 and had not been paid for those hours. The tribunal also relied on the attendance register showing the claimant registered attendance on 1 October 2018.

The respondent had asked the claimant to provide a breakdown of hours worked between 1 July 2018 and his final day of work, and its letter of 5 December 2018 stated that it believed he had been overpaid for Dunelm Aberdeen work between July and September 2018. The tribunal found the respondent’s documentary position evasive, inconsistent and contradictory, and noted that the respondent had not said in its correspondence that the claimant was not due wages for October because his employment had ended in September.

The tribunal concluded that the claimant’s evidence was honest and credible and that the claim was well founded. It awarded him £1,200 for the October 2018 wages claim. It added that it did not have sufficient information to award compensation as a net amount, so the £1,200 award was a gross figure.