Mr K Robinson v Mr DK & Mrs S Patel — 2022

Mr K Robinson brought an Employment Rights Act 1996 section 13 claim against Mr DK and Mrs S Patel for unauthorised deduction of wages. He said his contract was for 32 hours per week and that, after returning from injury, he was paid for only 18 hours per week for eight weeks. The respondents said the contract was for 20 hours per week and that all sums due had been paid.

The tribunal heard oral evidence from both sides and considered the statement of terms and conditions, rota sheets, payslips, text messages, and the claimant's grievance letter. It noted concerns about the contractual document, including that it appeared not to have been provided to Mr Robinson at the start of the employment, and that there were no written responses from the respondents to significant issues raised during the employment.

The tribunal found that the contract was for 32 hours per week. That finding was supported by the documentary record showing Mr Robinson working 32 hours for more than two years, by the grievance letter stating that 32 hours was the correct contractual position, and by the respondents' failure to reply in writing while then restoring him to 32 hours per week shortly afterwards. On that basis, it held that there had been an unauthorised deduction of pay.

The operative judgment line orders the respondents to pay £748.44. The reasons, however, refer at paragraphs 5.5 and 10 to £997.92, so the extracted text is internally inconsistent on the monetary figure. The tribunal also said that issues about the withdrawal of keys, changes to hours going forward, and holiday pay were outside the scope of the claim before it and would need to be dealt with separately if pursued.