Mr A Milliken v Robert Craig — 2022

The claimant worked as a multi-drop delivery driver for the respondent from 16 November 2021 to 7 December 2021, with an agreed rate of £75 per day. The tribunal found that he was not provided with a written contract and there was no written authorisation allowing deductions from his wages. The respondent argued that sums said to be owed by the claimant, including costs connected with the return and cleaning of a van and damage to it, offset any wages due, but the tribunal found those deductions were not authorised by statute, contract, or prior written consent.

On the amount due, the tribunal accepted the claimant's evidence that he worked 20 days. It noted that the respondent produced no evidence to support the contention that he had worked only 16 days, and that the respondent had not lodged a bundle of documents. Applying the claimant's evidence, the tribunal found he had earned £1,500, had been paid £800 in total, and was therefore owed a shortfall of £700. The tribunal upheld the unlawful deduction of wages claim under Part 2 of the Employment Rights Act 1996 and awarded £700.