Mr Paul Coulthard v Mr Thomas Gaskin and 3 others — 2022

The tribunal amended the respondent title to identify Mr Thomas Gaskin, Mrs Theresa Gaskin and Mr Nathan Gaskin trading as T.G. Commercials, and held them jointly and severally liable. It refused the respondents' application to file a response out of time because the explanation for delay was inadequate, so they took no part in the merits hearing beyond observing and answering questions if needed.

The claimant, Mr Paul Coulthard, worked for the respondents from 4 May 2021 to 8 July 2021 as a checker of vehicles hired out to customers. The tribunal accepted his evidence as plausible, credible and unchallenged. It found there was no contract signed by the claimant, no formal written agreement authorising deductions from pay, and no disciplinary procedure before money was taken from his final pay. It accepted that £380 gross had been deducted for trailer repair costs and that holiday pay remained outstanding.

Applying section 13 of the Employment Rights Act 1996, the tribunal held that the deduction from basic wages and the unpaid holiday pay were unlawful deductions from wages. It awarded the claimant £518.12 gross in total, made up of £380 unpaid wages and £138.12 unpaid holiday pay.

The tribunal also made a costs order for the ineffective hearing listed for 7 January 2022. The operative paragraph records £983.68, based on a schedule of £433.68 and a counsel fee of £550, although paragraph 12 refers to £980.68, which appears inconsistent with the itemised figures.