Nicole Dunlop v Access All Training — 2022

Nicole Dunlop brought a claim for unlawful deduction of wages under section 23 Employment Rights Act 1996 against Access All Training Ltd. The respondent did not present a response. The tribunal therefore proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the material available and was satisfied that it could determine the claim without a hearing.

The tribunal found that the claimant started work on 31 January 2022 at £8.91 per hour for 25 hours a week. She was due to be paid from 28 February 2022, but after noticing her pay was short she was told there were problems receiving funds through the Kickstart scheme and that she would be paid when funds were received. Mr Munyi Mwara, the respondent’s director, later told her on 15 March 2022 that she would be paid at the end of March for the outstanding February amount and for the whole of March, whether or not he had any work for her.

The respondent did not pay the claimant and did not respond to her requests to contact her. On the evidence available, the tribunal found that wages of £1,530 were properly payable for February and March 2022 and had been unlawfully deducted by non-payment. It calculated February pay as £965.25, with £400.50 actually paid and £564.75 outstanding, and found that the claimant was entitled to £965.26 for March, when she had worked part of the month and was ready and willing to work for the remainder. Judgment was entered for the gross sum of £1,530.