Mr J Jackson v Oakley Road Tyres Ltd — 2022

Mr Jackson began work for Oakley Road Tyres Ltd on 2 August 2021 and was paid £10 per hour, with weekly gross pay of £400 and net pay of around £330 after deductions. The tribunal accepted Oakley Road Tyres Ltd as the correct respondent and proceeded on the claims raised in the ET1. It found that the employment ended on 25 August 2021 and that Mr Jackson had not received payslips or a written statement of particulars during his employment.

The claim for unlawful deductions from wages succeeded. The tribunal found that Mr Jackson had been underpaid £1.28 on 13 August 2021 and £46.20 in respect of the final pay period, making £47.48 net due in total. It accepted that he had called in sick on 25 August 2021 and was not entitled to a full day's pay for that day, and it did not accept that he had proved any additional financial loss beyond the wages actually owing.

The tribunal also found a breach of the duty to provide itemised pay statements. It made a declaration under section 8 of the Employment Rights Act 1996 and awarded £153.64 for unnotified deductions under section 12, limited to deductions in the relevant 13-week period and excluding amounts already compensated under the wage claim. Separately, it found that the respondent was in breach of the duty to give written particulars when proceedings began and awarded £1,600, being four weeks' pay under section 38 of the Employment Act 2002. It did not reduce the award for any ACAS Code issue, and the total payable was £1,801.12.