In person (with an interpreter: Turkish) For the v Mr Harun Ozer (a friend) — 2023

The tribunal first dealt with the late presentation point. It found that the claim was notified to Acas on 12 November 2022 and presented on 15 November 2022, after the primary limitation period had expired, but accepted the claimant's evidence that he had been in Turkey for two months, was then involved in criminal proceedings arising from the incident on 4 July 2022, and only learned from the Magistrates' sentencing remarks that he could pursue unpaid wages through a claim. As a Turkish speaker who said he did not know how to bring an employment tribunal claim, the tribunal found that his ignorance of his rights was reasonable and that he acted promptly once he became aware of them, so the claim was in time.

On the merits, the respondent filed no witness statement or documents. The tribunal accepted the claimant's evidence that he started work on 21 June 2022, that he was to be paid £700 per six-day week, and that he worked 13 days until 3 July 2022. On that basis it calculated gross pay at £1,516.66.

The tribunal rejected the respondent's case that £600 had already been paid. It found there was no evidence of payment, and it accepted the claimant's evidence that his later conduct, including the criminal damage incident on 4 July 2022, was consistent with frustration about unpaid wages rather than revenge for dismissal. Judgment was therefore entered that the respondent had made unauthorised deductions from wages and was in breach of contract, and the respondent was ordered to pay £1,516.66 subject to tax and national insurance.