Mr Oliver Gridley v SCL Technology Limited and 1 other — 2022

The case was heard on 8 December 2022 by Employment Judge Pritchard under Rule 21 after neither respondent had presented an ET3. The Second Respondent was dismissed from the proceedings. The claimant gave evidence and the tribunal found on the balance of probabilities that the First Respondent was his employer, noting that he had been paid by the First Respondent throughout apart from the final part-payment in December 2021, which was paid by the Second Respondent because of the First Respondent's financial difficulties.

On the wages claim, the tribunal found that the First Respondent had not provided payslips, so the claimant could not calculate gross pay, tax or National Insurance deductions. Using the claimant's spreadsheet, the tribunal accepted an underpayment of net wages of £5,610.72 for August to December 2021 and unpaid net wages of £900.00 for January 2022, making total unpaid wages of £6,510.72 net. Judgment was entered for that sum under section 13 of the Employment Rights Act 1996.

The tribunal also found that the First Respondent had failed to provide a written statement of employment particulars. Applying section 38 of the Employment Act 2002, and using the claimant's net weekly wage of £357.73, the tribunal awarded a further two weeks' pay of £715.46. The overall monetary award therefore totalled £7,226.18.