Mr Rueben Mason-Fooks v Mr Sean McNeill and 1 other — 2022

Mr Rueben Mason-Fooks said he had been employed by Elven Energy Limited from 5 July 2021 to 10 September 2021 and had not been paid. The tribunal noted that neither respondent filed a response or attended the telephone hearing, despite steps taken to ensure service, and it proceeded in their absence. The claim against Mr Sean McNeill was dismissed on withdrawal.

On the unlawful deduction from wages claim against Elven Energy Limited, the tribunal accepted the claimant's evidence that he had not been paid the money due to him. It gave little weight to the payslip because the salary figure on it differed from the first contract and the pay period began before employment started, but it accepted the £42.20 expense reimbursement item as properly owing. It then calculated wages by reference to the contracts: £30,000 per year for 31 working days from 5 July to 16 August 2021, giving £3,576.78, and £35,000 per year for 18 working days from 17 August to 10 September 2021, giving £2,423.16.

The tribunal therefore upheld the unlawful deduction from wages claim against Elven Energy Limited and ordered payment of £6,042.14 gross. The order states that the claimant is responsible for tax and national insurance on that sum. The reasons section also contains a final figure of £6,042.20, but the component calculations and the operative order match £6,042.14.