Mr FD Toalombo Sanchez v Envirotec Integrated Services Limited — 2020

The claimant brought a claim for unlawful deduction of wages. The respondent did not attend the hearing or present a response. The tribunal found that the claimant remained employed, had not been explicitly dismissed, and continued to receive monthly payslips showing zero hours and zero pay after being told on 1 April 2019 not to attend work.

On the facts found, the claimant had worked 15 hours per week for the respondent and was ready and willing to work. The tribunal held that the contract did not expressly or impliedly permit the respondent to reduce him to zero hours, and that the respondent was obliged to provide at least 15 hours of work each week. Applying section 13 ERA 1996 and the authorities on wages and readiness to work, including Miles v Wakefield Metropolitan District Council and North West Anglia NHS Foundation Trust v Gregg, the tribunal concluded that the respondent had made unlawful deductions from wages.

The tribunal awarded £3,509.77 for the series of deductions from 1 April 2019 to the date the claim was presented, calculated by reference to 28.5 weeks, 15 hours per week and the national minimum wage rate of £8.21 per hour. It also noted that the claimant remained employed and was suffering an ongoing weekly loss of £123.15, but that section 23(4A) ERA 1996 limits any series of deductions to two years ending with the date of the complaint.