Ms A Latoszewska (Friend). For the v Mr S Hurton (Director). — 2021

The claimant was employed by the respondent from 15 July 2019 to 18 March 2020. The tribunal found that the first three months of employment were a probationary period and that the proper rate for that period was £10.00 per hour. It accepted the respondent's evidence that the London Living Wage then applied after probation, and found that the relevant rate from 15 October 2019 was £10.55 per hour as a matter of the respondent's standard practice, but also accepted the claimant's evidence that he had been told his hourly rate would rise to £12.00 per hour after probation and that no extension of probation had been communicated to him.

On the evidence, the tribunal accepted that the claimant had worked 974 hours in the relevant period, rather than the higher figure he claimed. It found that he had been underpaid by £2.00 per hour for those hours, giving rise to an unlawful deduction from wages of £1,948.00. Judgment was therefore entered for that gross sum, subject to deductions for tax and national insurance contributions.