Mr G Ross v JH Transport Limited — 2023

The third claimant, Mr G Ross, brought a claim for sums due from JH Transport Limited. The respondent did not defend the claim, did not attend the case management preliminary hearing, and did not respond to the tribunal's note setting out the sums sought. In those circumstances the tribunal proceeded under Rule 21 and was satisfied it could issue judgment without a hearing in the absence of any defence.

On the facts available, the tribunal found that the respondent had ceased to pay wages and ceased all contact with the claimant. It found that the claimant had not been paid for 12 shifts worked. The tribunal accepted that he was entitled to £120 per shift plus £26.20 per shift for expenses, and recorded that the amount due was £1,440 for shifts plus £157.20 for expenses.

The tribunal held that this amounted to an unlawful deduction from wages within section 13 of the Employment Rights Act 1996. Judgment was therefore issued in favour of the third claimant for the gross sum of £1,597.20 less deductions required by law. No separate remedy analysis was recorded beyond that payment order.