Mr M Piekielniak v Phoenix Healthcare and 1 other — 2023

The claimant, Mr M Piekielniak, was employed by Phoenix Healthcare Ltd as a driver from 2 May 2021 and also worked for Rentacar 24/7 Ltd when he was not busy for the first respondent. The tribunal found that he could not use the first respondent's app to log hours, that he instead kept his own paper records and sent them by photograph and WhatsApp, and that he was not provided with payslips for the period from June until the end of his employment. It admitted Ms Mariam Khan's late statement subject to limited weight because she did not attend, and it preferred the claimant's evidence to the evidence of Mr Hussein and Mr Ahmed on the material issues.

On the wages claim, the tribunal found that the first respondent was responsible for payroll for both respondents because they shared the payroll software or system through which the claimant was paid. It therefore held that the respondents had made unauthorised deductions from wages, on a joint and several basis, in respect of 323.58 hours worked but not paid. The amount ordered on that claim was £2,912.19.

The tribunal also found that the first respondent, and not the second respondent, was responsible for issuing the claimant's contract and written particulars. It accordingly awarded the claimant £810 under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars, describing this as the equivalent of two weeks' salary. The total sum ordered by the judgment was £3,722.19.