Mr H Bassil v Payne Records Limited — 2020

Mr H Bassil was employed by Payne Records Limited from 22 July 2019 to 21 April 2020. He was contracted to work 40 hours per week at £10.50 gross per hour, producing monthly gross pay of £1,820, and his wages were due at the end of each month in arrears. The tribunal had the employment contract, payslips, and bank deposit records before it. The respondent did not file an ET3, and the tribunal refused a postponement request from Mr Miguel Tello, who had said he was a director of the company and initially indicated he could attend.

The tribunal found that deposits made between October 2019 and March 2020 covered wages due for July, August and September 2019 only, leaving later wages outstanding. It also found that the claimant did not receive wages for October 2019 to February 2020, or for March 2020 and the three weeks worked in April 2020 before resignation. The claimant was not furloughed and no agreement for reduced hours had been made. On that basis, the tribunal declared unlawful deductions from wages and calculated £10,920 gross for October 2019 to March 2020 plus £1,260 gross for April 2020, making £12,180 gross owed.

The tribunal also found that the respondent failed to provide itemised pay statements for March and April 2020, contrary to section 8 Employment Rights Act 1996. The judgment records a single monetary order for £12,180 gross in respect of unpaid wages, with tax and national insurance to be accounted for to HMRC.