Mr D Chatterley v Adam Brown t/a Fastrack Recruitment Worldwide — 2022

The judgment was entered under Rule 21 because the respondent did not present a valid response within the prescribed time limit. On that basis, Employment Judge Holmes determined the case on the papers and found two statutory breaches proved on the face of the claim and supporting material.

First, the tribunal held that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £418.56 gross, subject to any appropriate tax and national insurance deductions. Second, the tribunal found that the respondent had not complied with section 1 of the Employment Rights Act 1996 by providing a written statement of particulars of employment.

For that second breach, the tribunal applied section 38 of the Employment Act 2002 and made an additional award of four weeks' net pay, calculated at £348.00 per week, totalling £1,392.00. The judgment therefore required payment of £1,810.56 in total, made up of the wage deduction award and the statutory additional award.