Mr A Aouad v Room Brokers Limited — 2021

Mr A Aouad brought a claim against Room Brokers Limited and the respondent did not file a response. The tribunal recorded service of the claim on 28 February 2022, a later order requiring the respondent to confirm whether it had submitted an ET3, and no reply to that order. The tribunal was satisfied that the respondent had been served and had not presented a response in time.

Applying Rule 21 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013, the tribunal considered whether it could properly determine the claim on the available material. It was satisfied that it could do so from the facts set out in the ET1 claim form.

The tribunal accepted that the claimant started work on 30 August 2021 and had been paid for the first three weeks only, up to 17 September 2021. It found that he was not paid for the remaining period of employment from 20 September 2021 to 9 November 2021. On the pay rate pleaded, £1,200 per month, the tribunal calculated a daily rate of £55.172 and 51 working days unpaid, totalling £2,813.77.

The judgment declared that the claimant's complaint under section 23 of the Employment Rights Act 1996 succeeded and ordered the respondent to pay £2,813.77 for the unauthorised deduction from wages. No separate remedy components were identified beyond that sum.