Mr D Paun v Caval Ltd — 2020

Mr D Paun did not attend the telephone hearing on 19 October 2020, and the tribunal noted that he had not complied with orders for preparation because he had not provided a witness statement or relevant documents. The respondent, Caval Ltd, was represented by Ms J Wardell, who gave evidence and relied on a bundle of documents.

The claimant had sought £877.50 for unpaid sums said to be due for work done as a lagger on a placement through the respondent for the period 9 to 13 March 2020. Ms Wardell said the claimant had in fact been overpaid by 4 hours and 32 minutes when the client's biometric login was compared with the pay claims he submitted, and that he had overclaimed and misstated his claims.

Ms Wardell also said the claimant had complained to the Employment Agency Standards Inspectorate and that the Inspectorate had found in the respondent's favour, recording that the claimant was not owed any further hours. The tribunal said that declaration was persuasive but not binding.

In the absence of any evidence from the claimant, and with no contrary evidence challenging Ms Wardell's account or the Inspectorate declaration, the tribunal found the claim failed and dismissed it.