Mr Abu Hanifa v Ali Khan — 2021

The claimant worked as a security guard for the respondent's unincorporated security firm, AK Security, between 25 September 2020 and 18 October 2020. The respondent did not enter an appearance. The tribunal accepted the claimant's oral evidence that he was not given a contract of employment, that no payslips were provided, and that he was underpaid by £84 when he left.

The tribunal held that the underpayment was an unlawful deduction from wages under s13 ERA 1996 and ordered payment of £84. Because the respondent had failed to provide the statutory statement of principal terms and conditions required by s1 ERA 1996, the claimant fell within s38 of the Employment Act 2002 and was awarded two weeks' pay. Applying the National Minimum Wage rate of £8.72 and a working week of 60 hours, the tribunal assessed that award at £1,046.40.

On dismissal, the tribunal found that the claimant had repeatedly asked for a contract and payslips, was initially fobbed off, and was then told over the telephone that he was "finished". It held that he was dismissed for asserting a statutory right, contrary to s104 ERA 1996, and that the dismissal was automatically unfair. The tribunal awarded £4,185.60 compensation for 10 weeks' loss, using 48 hours a week at £8.72, and recorded that the Recoupment Regulations did not apply because the claimant had not claimed state benefit in the compensatory period.