Mr T Sodipo v Positive Mental Health Ltd — 2019

The claimant, Mr T Sodipo, brought an unauthorised deduction from wages claim against Positive Mental Health Ltd. The respondent did not attend the hearing, and the tribunal refused an adjournment because notice of the hearing had been received, the claimant was present, and the tribunal considered a fair hearing could still take place on the material in the response form.

The tribunal first addressed jurisdiction and worker status under section 13 and section 230(3) of the Employment Rights Act 1996. It found that the claimant had worked through the respondent agency from 2017 until February 2019, obtained work exclusively from the respondent, worked in the Daisy unit, and provided personal service with no right of substitution. The tribunal also relied on the evidence that he had no limited company, did not market his services to the world at large, and worked under the unit's rules and supervision.

On the wages issue, the tribunal accepted the claimant's evidence that his normal hourly rate was £15 and that there was no agreement to work at a reduced rate. It found that he should have been paid £15 for the 9.75 hours worked on 30 January 2019 and for the 9.5 hours worked on 20 February 2019. It also found that the signed timesheet showed the 20 February 2019 work had been authorised by the unit, so the respondent's refusal to pay until online training was completed did not defeat the claim.

The tribunal therefore upheld the unauthorised deduction from wages claim and ordered payment of £166.88 in total. That figure comprised £24.50 for the underpayment on 30 January 2019 and £142.50 for the unpaid 20 February 2019 hours.