Mr B Abimbola v Delta Nursing Agency Limited — 2019

Mr B Abimbola presented a claim on 12 February 2019 alleging unlawful deductions from wages under s.13 of the Employment Rights Act 1996, claiming a total of £2,488.06. The respondent's ET3 had initially been rejected as out of time, but the Tribunal reconsidered that decision and allowed the response because the deadline of 19 April 2019 fell on Good Friday and, applying Rule 4(2), the ET3 received on 23 April 2019 was in time as the next working day.

At the hearing the respondent did not attend. The Tribunal heard Mr Caiden's submissions, reviewed the payslips and bank statement, and considered internal correspondence said to show the respondent accepted the sums were due. It accepted the claimant's version of events, including that the respondent's email suggesting a COT3 settlement had not in fact reflected any agreed settlement and was corroborated by Acas.

On the merits, the Tribunal found that six payslips showed payments due to the claimant that were not received into his bank account. It held that £2,488.06 had been unlawfully deducted from wages contrary to s.13 ERA 1996 and ordered the respondent to pay that net sum. The Tribunal also made an unless order about the claimant's costs application, requiring any response from the respondent within seven days of receipt of the application.