Mr Joseph Azapiedi v PL Logistical Solutions Limited — 2020

Mr Joseph Azapiedi brought a single claim for unlawful deduction from wages under Part II of the Employment Rights Act 1996. The respondent did not attend the hearing, did not present an ET3, and took no part in the proceedings. The tribunal proceeded on the papers, relying on the claimant’s ET1, his final payslip, and email correspondence with Jason Whitmore, a director of the respondent.

The tribunal found that the claimant had worked as a driver for PL Logistical Solutions Limited from 20 October 2018 to 2 August 2019, and that his employment ended on 2 August 2019. The claimant complained on 19 July 2019 that he had not been paid on time and said he had sought assistance from UNITE. In the email exchange that followed, Jason Whitmore referred to alleged signed documents concerning insurance excess deductions and later accepted that he did not have any contract signed by the claimant, but said he had documents showing an agreement to deductions and would pay the balance of wages.

The tribunal held that the correspondence showed the respondent had not made, and did not intend to make, payment of the final instalment of wages. Applying section 13 of the Employment Rights Act 1996, the tribunal said the employer had to show either a contractual right to deduct or a written agreement by the employee, and also had to show the conditions for any deduction were met. There was no evidence other than assertions in correspondence that any written agreement or notice permitted the deduction, and no evidence of the scope of any such right.

On that basis, the tribunal found that the respondent unlawfully deducted £1,402.02 from the claimant’s pay for work done during the period 1 July 2019 to 31 July 2019 and ordered that sum to be paid. The reasons section contains one reference to £1,402.12, but the judgment’s conclusion and numbered order both record £1,402.02.