Mr K McCann v Dockside Bar Limited — 2020

This was a Rule 21 judgment after the time for presenting a response had expired and no valid response had been filed by Dockside Bar Limited. The tribunal therefore determined the claim on the material before it without any live response from the respondent.

The claimant’s complaint of unauthorised deduction from wages was found to be well-founded and succeeded. The tribunal calculated the unpaid wages as 82.5 hours at £7.00 per hour, amounting to £577.50, and 48.85 hours at £8.21 per hour, amounting to £401.05. The total wages due were £978.55, and the tribunal ordered the respondent to pay that gross sum to the claimant, subject to any tax and national insurance due.

The tribunal refused a preparation time order. It recorded that such an order requires vexatious, abusive, disruptive or otherwise unreasonable conduct under rule 76(1)(a) of the 2013 Rules, and that the respondent’s failure to respond was not enough to meet that threshold. It also stated that it had no power to award further compensation, including for damage to mental health, in respect of an unlawful deductions from wages claim.