Mr F Magennis (Direct Access Barrister) For the v ISS Facility Services Limited — 2019

The Claimant was employed by the Respondent as a cleaner from 1 February 2019. He claimed unpaid wages and compensation for failure to provide a written statement of particulars of employment. The Respondent did not attend the hearing but provided written material; where its evidence conflicted with the Claimant's sworn evidence, the tribunal preferred the Claimant's evidence.

The tribunal found that the Claimant had signed a document headed Statement of Particulars of Employment but was not given a copy of it or the handbook referred to in it. It also found that he was not given a statement of changes when the minimum wage increased on 1 April 2019.

On the wage claim, the tribunal accepted the Claimant's evidence that he was due £5,315.53 for the period 1 February 2019 to 11 October 2019 and had received £4,631.53, leaving £683.90 unlawfully deducted. Because the Claimant had succeeded in an unlawful deductions claim and the Respondent had not complied with ss1 and 4 Employment Rights Act 1996, the tribunal considered it just and equitable to award four weeks' pay of £431 under s38 Employment Act 2002, making a total award of £1,114.90.