Mr S Haqhyar v DAR EIMAN Ltd — 2022

The respondent did not respond to the claim, did not attend the telephone hearing, and filed no documents. The claimant gave evidence that he worked for the respondent through the Kickstart scheme at the respondent’s registered office, on 25 hours per week at minimum wage, from 4 June 2021 to 6 August 2021. The tribunal accepted that he was required to perform the work personally and that there was an implied contract, so he was a worker within section 230(3) ERA.

On that basis, the tribunal found that the respondent had made unauthorised deductions from wages within section 13(1) ERA and that the claimant was entitled to pursue the claim. The tribunal also found the claim was presented in time, noting the Acas early conciliation process and certificate dates, and held that the claimant had worked up to 6 August 2021, when his employment ended following his resignation without notice.

The tribunal further found that the claimant had not been provided with a written statement of employment particulars and was entitled to one by 4 June 2021. Because the claimant succeeded in the unlawful deduction claim, an additional award under s.38 Employment Act 2002 was available and was ordered, but the claimant could not provide exact loss figures because the respondent had not supplied a contract, written particulars or payslips. The case was therefore listed for a remedy hearing to determine the sums payable.