Mr W Sissons v Stelco Europa Limited (in voluntary liquidation) — 2021

The claimant, Mr W Sissons, brought an unlawful deduction from wages claim against Stelco Europa Limited (in voluntary liquidation). The respondent did not attend the remote hearing. Employment Judge Flint applied rule 47 of the Employment Tribunals Rules of Procedure and decided to proceed in the respondent's absence, noting that the respondent had been aware of the proceedings, had not applied for an adjournment, and had failed to comply with case management directions.

The tribunal accepted the claimant's evidence in full. It found that the gross amount deducted from his wages was £5,899.39, and noted that the respondent had accepted in its ET3 response that it had withheld these wages. The tribunal therefore upheld the unlawful deduction from wages claim.

The tribunal increased the sum awarded by 15%, amounting to £884.61, because it was satisfied that the respondent had failed to comply with the ACAS Code of Practice on disciplinary grievance procedures when it held back the claimant's wages without giving him an opportunity to make representations in a fair and transparent process. The final gross sum ordered was £6,784.