Mr M Chrol v Jessa Enterprises Limited — 2019

Mr M Chrol said he worked for Jessa Enterprises Limited from 1 March 2018 to 19 April 2018 as a project co-ordinator, paid at £600 per week, and claimed unpaid wages, notice pay and overtime. He did not attend the hearing and gave no explanation for his absence. The respondent also did not attend orally, but it filed written representations saying the agreed wage was £2,500 per month, no overtime had been agreed, and the claimant did not want to work during the notice week.

The tribunal found there was no evidence of any agreement to pay overtime, so that part of the claim failed. It also found there was no contract of employment before it and no basis established for deductions from wages under s.13(1) ERA 1996. The respondent's case that it had paid £1,514.30 and that the claimant owed £1,125 for equipment and loans was rejected as a set-off against unpaid wages, because unpaid wages could not be reduced in that way.

On notice pay, the tribunal held that the claimant's employment had lasted more than one month and that he was therefore entitled to one week's notice under s.86(1)(a) ERA 1996. The tribunal also said the respondent could rely on equitable set-off in respect of the breach of contract element. The final judgment was that the respondent had made an unlawful deduction from the claimant's wages in the gross sum of £1,153.84, payable net if tax and national insurance are accounted for through HMRC.