Mr G Wolf v PL Logistical Solutions Limited — 2019

Mr G Wolf was employed by PL Logistical Solutions Ltd as an HGV driver between 16 May 2019 and 3 June 2019. After early conciliation he presented a claim for unlawful deduction from wages. The respondent’s response admitted that the earnings details were correct and said it would pay £1,089.92 before the 22 November 2019 hearing, but it did not do so before the hearing and its application to postpone was refused.

At the hearing, which took place before Employment Judge Ross sitting alone, the claimant gave evidence and verified the contents of his claim form. He said that the respondent had already paid the national insurance due on the wages owed but had only paid £9 of the income tax, and that it had withheld the net wages of £1,089.92. He also said that HMRC was chasing him for unpaid tax in the amount of £160.80.

The tribunal accepted the claimant’s evidence without hesitation, relying on the HMRC document dated 11 August 2019. It concluded that the claimant was entitled to total wages of £1,250.72 gross, of which £1,089.92 was payable net to him. The only complaint recorded in the judgment was therefore upheld, and the respondent was ordered to pay the unpaid wages on that basis.