Claimant v High Access Solutions Ltd — 2020

The claimant, Mr John Bak, brought an unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996. The respondent did not attend the hearing or provide any rebuttal evidence, so the tribunal relied on the earlier preliminary hearings, the claimant's contract, and his oral evidence, which the judge accepted as credible and probative on the civil standard.

The tribunal found that the claimant had not been paid wages for the period 1 November 2019 to his dismissal on 22 November 2019, and had also not received one week's pay in lieu of notice. It accepted that his monthly net salary had increased to £1,506.32 by 31 October 2019, and that he was entitled to expect that sum for the relevant period had employment continued to 30 November 2019. The tribunal also found that he was contractually entitled to one week's notice, which he did not receive.

Applying earlier judgments by Employment Judge Cox on the permitted deductions, the tribunal accepted the claimant's evidence that the only proved lawful deduction was £150, being reimbursement of the PASMA course cost paid by the respondent. It found that no deduction was established for tools, equipment, or clothing, because the claimant had returned them and the respondent produced no evidence of value or calculation.

The tribunal therefore found the claim well founded to the extent of £1,356.32, being £1,506.32 less the lawful £150 deduction. Judgment was entered for that sum only, with no separate award for interest or other remedy recorded.