Miss E Harding v Adliz Leisure Limited — 2021

Miss E Harding brought unlawful deduction from wages claims arising from work at the Jolly Hatters public house. The respondent did not enter a response or attend the CVP hearing, so the Employment Judge took evidence from the claimant and reviewed her bank statements together with a HMRC schedule of payments and deductions.

The tribunal accepted that some payments had been made but found that others had not, or had not been made in full. It identified six occasions on which the respondent said it had paid £76.15 but had not done so, one occasion on which £79.19 was unpaid, and one further deduction of £21.60. The tribunal also accepted that the claimant had been furloughed without a written agreement, but held that there was an implied variation of the employment contract so that she could not claim full pay while not working. The judgment section orders £480.29 for unlawful deductions, although paragraph 11 of the reasons refers to £480.89 after a recalculation.

The tribunal further found that the respondent had failed to provide a written statement of particulars of employment required by s.1 of the Employment Rights Act 1996. Applying s.38 of the Employment Act 2002, and seeing no exceptional circumstances, it made the higher additional award of four weeks' pay at £76.15 per week, totalling £304.60. The claimant said she had suffered no consequential losses from the deductions.