Mr Z Bhatti v Nimesh Yadev and 2 others — 2018

At the hearing on 21 December 2018 before Regional Employment Judge Hildebrand, the Respondents did not attend. The tribunal found that the Claimant was entitled to £1,338.93 for unlawful deduction of wages, payable jointly and severally by the Respondents.

The tribunal also found that the Claimant had been unfairly dismissed by reason of his assertion of a statutory right. No basic award was made. Instead, the tribunal awarded a compensatory award of four weeks' pay based on 70 hours per week at the national minimum wage rate of £7.83, producing £2,192.40 gross.

The tribunal recorded that the compensatory award was made gross because there was no evidence that the Claimant would pay tax on any of the sums, and that the recoupment regulations did not apply because the Claimant said he had not received state benefits during the relevant period. It further found that the Claimant had not been given a statement of initial particulars of employment after one month, so it made an additional award under s.38 of the Employment Act 2002 of four weeks' pay, £2,192.40, because the default was considered serious. The total payable was £5,723.73.