Miss A Donoghue v Claws Rescue Hull a Charity formerly Not Just Pets Rescue HELD in Leeds by CVP — 2023

The tribunal considered two claims for unauthorised deduction of wages. The sole issue was whether the claimant had already been paid: she said she had not, and the respondent said she had. After initial difficulty with the remote hearing, the matter was adjourned and the respondent later did not attend the resumed hearing, so the tribunal determined the case on the evidence available, including the claimant's oral evidence and the respondent's documents.

The tribunal found that the claimant was employed as a shop assistant and carer of animals, that her weekly gross wage was £284.22, and that her relevant periods of employment were 6 July 2021 to 7 July 2022 and 17 October 2022 to 25 October 2022. It noted that the respondent produced payslips for April, May and June 2022, but no payslips for January, February or March 2022 and none for the short October 2022 period. The respondent also produced a disputed receipt said to be for one month's wages in June 2022.

The tribunal found the receipt unreliable and accepted the claimant's evidence that she had not been paid during the relevant periods. It described her as a truthful witness and found that, in the absence of reliable evidence showing payment, the respondent had not proved that payment was made. Judgment was therefore entered for the claimant and the tribunal awarded £7,673.94 for 1 January 2022 to 7 July 2022 and £365.43 for 17 October 2022 to 25 October 2022, making a gross total of £8,039.37.