In Person For the v Mr Jared Kararia — 2021

The claimant brought a claim for £176 said to be due for two days’ work on 30 June 2020 and 1 July 2020. The respondent admitted that it had not paid him, but the tribunal distinguished between the two days. It found that the claimant had done a full day’s work on 30 June 2020 and was entitled to be paid £88 for that day.

The tribunal accepted that the claimant had given false information about his CSCS card and described parts of his account as patently untrue. Even so, it held that this did not defeat his right to be paid for work actually done on 30 June 2020, and it rejected any defence based on the way he had secured the work.

For 1 July 2020, the tribunal accepted that the claimant attended work but was not satisfied that he carried out any work for which he was entitled to be paid before documentation checks arose. It preferred the respondent’s account that the issue was identified at the start of the day rather than later in the afternoon, and so it rejected the claim for the second day’s wages.

The tribunal also rejected the claimant’s request for an additional £150 said to relate to time lost in bringing the case and declined to make any award under section 24(2) Employment Rights Act 1996. It also refused any preparation time order, recording that the respondent’s defence was understandable even though it did not succeed in law. The final award was £88.