Mr S Sharma (and respondent in the counterclaim) v Samanta Private Ltd (and claimant in the counterclaim) — 2023

Mr S Sharma worked as a chef for Samanta Private Ltd in Ilkley from mid-December 2021 until 31 December 2022. The tribunal found that the respondent agreed to lend him £3,808 to cover moving and visa-related costs, and that he agreed to repay that sum at £200 per month. It accepted that ten monthly repayments were made from February 2022 to 8 December 2022, and that a written contract dated 25 December 2022 was not provided to the claimant until these proceedings, although its terms broadly reflected the salaried, 48-hour arrangement discussed between the parties.

The claim for additional pay for hours worked above 48 per week failed. The tribunal found that the claimant was salaried, that there was no agreement to pay extra for hours above 48, and that the claimant had not shown any entitlement to an additional hourly rate. It therefore dismissed the related breach of contract and unlawful deduction allegations on that issue.

The December 2022 wages claim succeeded. The tribunal found that the claimant was entitled to £2,133.33 gross for December 2022 but received nothing because the respondent withheld the whole amount against the loan balance without written, statutory or contractual authorisation. It also held that the ten £200 repayments were received by the respondent in its capacity as employer, so section 15 ERA 1996 applied and £2,000 had to be repaid. The respondent's counterclaim for the remaining loan balance succeeded, and the claimant was ordered to pay £1,808.