Mr. B Plewa v Tecforce Limited — 2022

Mr B Plewa brought a claim for unlawful deductions from wages under section 13(1) of the Employment Rights Act 1996 arising from his termination on 4 March 2022. He said his final payment should have included sums for work done between 3 February 2022 and 4 March 2022, accrued holiday pay, and sums allegedly deducted from his final salary.

The tribunal heard evidence from the claimant and from Ms N Bingley, the respondent's Finance Director, and considered an agreed bundle of 118 pages. The respondent's evidence was that, apart from a temporary period in a different role, the claimant had not participated in the banked hours system, had been offered and declined the chance to do so, and was paid 1/12 of his salary monthly with any adjustments reconciled by reference to the banking hours spreadsheet.

The tribunal found the respondent's documents consistent with that explanation. After hearing the evidence and reviewing the wage slip for April 2022, the claimant accepted that he had been paid all sums due to him under his contract of employment, including the sums identified in his schedule of loss. The parties then agreed that the claim should be dismissed on withdrawal by the claimant, and the judgment by consent records dismissal of the unlawful deductions claim.

The respondent applied for a preparation time order under rule 76(1)(b) of the Employment Tribunal Rules. The tribunal was not satisfied that the claim had no reasonable prospects of success when issued, taking into account the claimant's position as a litigant in person, his lack of familiarity with the respondent's systems, his genuine belief in the merits of the claim, and the respondent's concession that its explanations may have contributed to his confusion. It also said that, even if the claim had lacked reasonable prospects, it would not have made a preparation time order in the circumstances.