(1) Mr R Barker (2) Mr P Tweddle v JT Fabrications Limited AT A HEARING BY TELEPHONE CONFERENCE CALL — 2020

Both claimants worked for JT Fabrications Limited from November 2018 on salary of £30,000 gross per annum, with monthly gross pay of £2,500. The tribunal found that salary was paid only erratically. It accepted the claimants' evidence that there was never a gap of more than three months between payments, and on that basis held that each claimant had suffered a series of unauthorised deductions from wages.

For Mr Barker, the tribunal calculated gross pay due over the relevant period at £33,999.94. After deducting the £5,000 actually paid, it awarded £28,999.94. For Mr Tweddle, it calculated gross pay due at £28,999.94 and deducted the £993.24 payment received, leaving £28,006.70 awarded as compensation for unlawful deductions.

The tribunal also accepted both claimants' evidence that they had not received written particulars of employment when they started work. It therefore made an additional award under section 38 of the Employment Act 2002 for failure to provide written statements of particulars of employment, applying the maximum uplift of four weeks' pay in each case. Those additional awards were calculated at £2,307.68 each. The respondent did not attend the telephone hearing and the decision was made in default of any response.