In person For the v Respondent — 2019

The claimant presented a claim for unlawful deduction from wages after saying the respondent had not paid the increased hourly rate said to be due after 12 weeks of employment. The tribunal granted an amendment to extend the wage claim to 28 December 2018. The claimant gave oral evidence and produced a tabular breakdown of hours and payments received together with payslips; the respondent did not enter an appearance.

The tribunal found that the claimant began work on 16 February 2018 and that, under her contract of engagement, her rate was to increase to £11.48 per hour from 11 May 2018. It was not disputed that she continued to be paid £10.66 per hour instead. The respondent accepted there had been an error in the rate specified and offered an alternative assignment at the higher rate, which the claimant did not accept.

Applying section 13 of the Employment Rights Act 1996, the tribunal held that the claimant had not been paid the wages properly payable to her and had not otherwise signified in writing any agreement to the lower rate. It therefore found that there had been an unlawful deduction from wages. The tribunal ordered the respondent to pay the difference between £10.66 and £11.48 per hour for the period 11 May 2018 to 28 December 2018, quantified as £1,018.82 gross before tax and National Insurance deductions.