Mr Alan Stuart v Andrews Excavations Limited — 2020

The claimant, Mr Alan Stuart, succeeded in his claim for unlawful deduction from wages under Part II of the Employment Rights Act 1996. The tribunal noted that the respondent did not attend the hearing, had failed to comply with case management orders, and had not disclosed any contract entitling it to deduct monies from the claimant's wages. It also relied on the claimant's ET1, his evidence, and the respondent's ET3, which admitted that sums had been deducted.

The tribunal found that £980 was due for work done during the period 15 to 23 October 2019, calculated as 7 working days at £140 per day. It also upheld the claim for payment in lieu of accrued but untaken annual leave under Regulations 14 and 30 of the Working Time Regulations 1998, finding that the claimant started work on 8 July 2019, left on 23 October 2019, took no annual leave, and was entitled to 8.2 days at £140 per day, totalling £1,148.

The respondent's counterclaim in relation to alleged damage to a vehicle was dismissed. The tribunal said the respondent had not disclosed any contract allowing it to recover sums incurred as a consequence of damage to a vehicle, had not proved that the claimant was responsible for any vehicle damage, and had not established by evidence that it had incurred costs or expenditure in respect of any such damage. The tribunal ordered the respondent to pay the claimant £2,128 in total.