In person For the v Ms A Asch-D’Souza, Paralegal — 2019

The claimant worked for the respondent from 6 December 2018 to 3 January 2019. The respondent had made one wage payment of £155.48 and an advance of £350, and the tribunal noted that a later transfer of £659.23 net had been made shortly before the hearing. The dispute centred on a deduction of £811.80 said to represent the cost of repairing an apparently damaged handheld computer.

The tribunal held that the deduction was unlawful. It accepted the claimant’s evidence that he had not signed the contract relied on by the respondent, noting that the signature on that document did not match the signatures on his driving licence and passport and that the respondent’s witness did not confirm that he had seen the claimant sign it. The tribunal also found that, even if the contract term applied, it only permitted a deduction up to £500, so the £811.80 deduction was not made in accordance with the written agreement.

The tribunal further observed that the amount claimed included £135.30 VAT and related to repairs beyond the damage described in the evidence. On the claimant’s evidence, which was not contradicted, the only damage was to the screen. Judgment was entered for the claimant in the net sum of £811.80, and the decision notes that the amount may be enforced through the County Court if not paid. The judgment also records concerns about payslips and a P45, but those matters did not alter the single claim outcome.