Mr D Wilson v Manddbars Ltd — 2022

The tribunal found the complaint of unauthorised deductions from pay under Part II Employment Rights Act 1996 to be well-founded. It recorded that the respondent made an unauthorised deduction from the claimant's pay for the period 1 July 2020 to 30 September 2020 and ordered payment of the gross sum deducted.

In his claim form, the claimant described the case as one for notice pay and wrongful dismissal/breach of contract, saying he had not been paid three months' notice. The tribunal treated that as a quantified notice-pay claim. It accepted the claimant's calculation that three months' gross pay at a salary of £50,000 was £12,500, less the £3,098.07 already paid, leaving £9,401.93 due.

The respondent did not present a response. The judgment notes that the claim papers were sent and re-sent to the respondent, and although the respondent later emailed the tribunal with material said to show he had been in the US, no response or defence was ever received. The tribunal therefore proceeded under Rule 21 on the available material.

The claimant's later schedule of loss and schedule of remedy included unpaid wages, holiday pay and lost furlough support earnings, but those matters were not in the original claim and no amendment was made. The tribunal held that those additional claims were out of time and also observed that there is no legal right to be placed on the Coronavirus Job Retention Scheme. No further hearings were listed.