Mr Sean Jenkins v Hunt Hospitality Recruitment Limited — 2020

The tribunal found that Mr Sean Jenkins worked as a recruitment consultant for Hunt Hospitality Recruitment Limited from 20 July 2018 until summer 2019. It preferred his evidence on the disputed factual issues, including whether he had seen or signed the October 2018 contract relied on by the respondent, whether there had been any agreement that his salary was performance-related, and the dates on which he continued working in July and August 2019.

On that basis, the tribunal held that the respondent had made an unauthorised deduction from wages in the sum of £2,353.84 under section 13 of the Employment Rights Act 1996. It rejected the respondent's case that the deductions were authorised by contract or by agreement, finding there was no reliable evidence that the claimant had consented to them.

The tribunal also found that the claimant had 3 days' untaken holiday remaining and ordered payment of £84.63 net of tax. Although the claimant had originally sought more, the tribunal accepted only the 3 days' entitlement as established on the evidence. It further declared that no written statement of employment particulars had been provided under section 1 ERA 1996, but it awarded no compensation because the claimant had been substantially aware of his terms and suffered no detriment.