Mr ME Cecchi v Barts Health NHS Trust — 2019

The claimant alleged that the respondent made unauthorised deductions from wages by suspending him without pay after his visa expired and he did not provide documentary evidence of his continued right to work. The tribunal also considered an earlier alleged deduction from January to March 2016, but found that part of the claim was presented far outside the statutory time limit and that it had been reasonably practicable for the claimant to bring it in time.

For the 2018-2019 period, the tribunal found that the claimant was employed under valid contractual terms even though he had not signed the written contract. Those terms, together with the respondent's policies, required him to provide proof of his entitlement to work in the UK or proof of an in-time application when requested. The tribunal accepted that the respondent needed documentary evidence before using the Home Office checking service, and found that the claimant did not provide the requested evidence until August 2019.

The tribunal concluded that the claimant was not contractually entitled to pay during the suspension period and that the deduction was authorised by the written contract terms and applicable policies. The claim for unauthorised deduction from wages was dismissed.