Mr L Timms v Semantic Business Services Limited — 2021

The respondent did not file a response and did not attend the hearing. The tribunal proceeded in the respondent's absence, noting that the claim and correspondence had been sent to the respondent's registered address and that it was fair and just to continue without delay. The claimant had requested written reasons.

The tribunal found that the claimant was employed as an Operations and Sales Associate from 5 August 2021. The offer, acceptance, and written contract all provided for a start date of 5 August 2021, with hourly pay of £13 for a 35-hour week. Although the respondent only intended to provide work later, the tribunal held that the claimant was employed and due wages from 5 August 2021. The respondent's later emails also referred to salary payments being actioned and to the claimant being paid from August.

On 10 September 2021 the respondent told the claimant and other Kickstart participants that it was withdrawing from the Kickstart programme, and confirmed to the claimant that this meant the work was cancelled. The tribunal treated the claimant's employment as having ended on 10 September 2021. It found that no wages had been paid for the period from 5 August to 10 September 2021, even though those wages were properly payable.

The claimant's unfair dismissal claim failed because he had been employed for only five weeks and did not meet the two-year qualifying period required by s.108(1) Employment Rights Act 1996. The unlawful deduction from wages claim succeeded under s.13 Employment Rights Act 1996, and the tribunal ordered the respondent to pay the gross sum of £2,275, calculated as five weeks' pay at £13 per hour for 35 hours per week.