Mr I Azam v Linsco Limited — 2021

Mr I Azam brought a claim for arrears of pay or unauthorised deduction from wages arising from three days' work for Linsco Limited in January 2021. He said the contract entitled him to £300 per hour, giving a total claim of £8,100 after credit for the £900 plus £180 VAT already paid. The respondent said the agreement was for £300 per day plus VAT, so the amount paid was the full sum due.

Employment Judge Flint heard the case in the claimant's absence under rule 47 after being satisfied that Mr Azam had been notified of the remote hearing. The tribunal considered the documentary bundle, Mr Azam's statement, and the witness statements of Mr J Meek and Ms S Gibson for the respondent. It placed greatest weight on the respondent's evidence.

The tribunal found that the parties had verbally agreed on 4 January 2021 that Mr Azam would be paid £300 per day plus VAT, and that this was consistent with their previous contracts, including one in December 2020. It also found that the 6 January 2021 email referring to £300 per hour contained a unilateral mistake in a standard template, that Mr Azam would have known it was a mistake, and that the email did not revoke or alter the earlier agreement. On that basis, the claim for arrears of pay or unauthorised deduction from wages was dismissed.