In person For the v Synergy Cleaning Limited — 2024

Mr Dorji brought a claim for unauthorised deduction of wages against Synergy Cleaning Ltd, his former employer, where he had worked as a cleaner from around March 2023. The respondent did not appear and was not represented. The tribunal first considered time limits and was satisfied that, given the claimant is not a UK national, English is not his first language, and he genuinely believed bail conditions imposed in May 2023 prevented him from contacting his former employer, it had not been reasonably practicable to submit the claim in time. After bail conditions were lifted at the end of January 2024, the claimant acted swiftly to commence Acas Early Conciliation and issued the ET1 on the day conciliation concluded, which the tribunal accepted was within a reasonable further period.

On the substance, the tribunal accepted the claimant's evidence in full, finding him a credible and honest witness. It held that £125 was due for March work, and that £657.68 had been unlawfully deducted from his April wages. The £400 the respondent characterised as an advance was in fact properly payable for work done. The tribunal was not satisfied that £125 for alleged private use of the van was due, accepting the claimant's evidence that he had permission to use the van, supplied his own fuel and did not smoke in it, and noting the contract gave no right to make such a deduction. As to parking fines, although the claimant accepted £45 was due in principle, the tribunal held that neither the contract nor the Drivers Handbook permitted deduction from wages, and noted that under s.25(4) Employment Rights Act 1996 the respondent is prevented from suing for the balance.

The tribunal awarded the claimant the total sum of £782.68.