In person For the v Twine & Barrel Ltd — 2023

The tribunal substituted Twine & Barrel Ltd as the correct respondent, being satisfied that the claim form had been served at the company's registered office and that a response had been presented by Twine & Barrel. The respondent did not attend the hearing. The claimant attended in person and said he was only claiming unpaid wages for two days' work.

The tribunal accepted the claimant's diary evidence and his evidence that he had a WhatsApp confirming his finish date. It found that he had worked 22 hours on 28 and 29 July 2022 at £10.75 per hour and had not been paid. The complaint of unauthorised deduction from wages therefore succeeded under s.23 Employment Rights Act 1996, and the respondent was ordered to pay £236.

The reasons also record that the respondent had tried to bring an employer's contract claim to recover losses said to have been caused by the claimant's resignation without notice, but that claim was rejected because an employer can only bring such a claim in the tribunal if the employee has brought a claim for breach of contract, which the claimant had not done. After the hearing the respondent contacted the tribunal, saying it had mistakenly dialled into the telephone hearing; the judge noted that any reconsideration application would need to address service and whether payment had been made for the work done on 28 and 29 July 2022.