Mr N Hodgson v EHLUK Building and Maintenance Facility Services Ltd — 2021

Mr N Hodgson brought a claim under section 13 Employment Rights Act 1996 for unlawful deduction from wages arising out of his short employment with EHLUK Building and Maintenance Facility Services Ltd. The tribunal heard conflicting evidence about when he worked, when he left, and whether he resigned without notice or was dismissed. It accepted that he started work on 14 July 2020, attended induction on 13 July, attended training on 15 July, and was absent on 16 July.

The tribunal preferred the claimant's account on the central factual dispute. It accepted that he worked again from 20 July to 28 July, that he ordered and collected goods from Crossling Ltd on 22 July and 28 July, and that he had a confrontation with Mr Gary Stainsby when he went to the office on 28 July to return the van and keys. It also accepted that he tendered his resignation with notice, that Mr Stainsby rejected it, and that the claimant left the respondent's employment on 28 July. The tribunal rejected the respondent's position that he had only worked for two days.

Even if the claimant had resigned without notice, the tribunal was not satisfied that the Employee Handbook notice provision had been brought to his attention, and it had not seen any signed document authorising the respondent to withhold pay. On that basis, and applying section 13 ERA 1996, it found that the respondent had made an unlawful deduction from wages.

The tribunal awarded the claimant £1,152, calculated as 72 hours at £16 per hour, subject to deduction of any Income Tax or National Insurance that fell to be deducted.