Claimant v Kennedy and Kennedy Projects Ltd — 2020

The tribunal heard the claimant's evidence by CVP on 29 October 2020. The respondent did not attend, had not filed evidence, and no witness evidence was tested on its behalf. The tribunal accepted the claimant's account that he worked for Kennedy and Kennedy Projects Limited as a painter/labourer from 2 September to 11 October 2019, being 38 days in total, on a promised rate of £100 per day, and that he had received only £200 during that period.

Applying ss.13, 23 and 24(2) of the Employment Rights Act 1996, the tribunal held that the unlawful deduction from wages complaint was well-founded. It assessed the wage entitlement at £3,800, deducted the £200 already paid, and added £135 for a day's lost pay when the claimant attended the hearing, making a total award of £3,735. The tribunal ordered the sum to be paid gross because the claimant had not been put on the respondent's payroll and would have to account for tax and National Insurance himself.

The tribunal did not determine the claimant's race discrimination complaint at this hearing. That complaint, and the question of whether to impose an employer penalty under s.12A of the Employment Tribunals Act 1996, were stayed until 15 December 2020, with the tribunal indicating that further case management could follow if the wages award was not paid.