Mr William McClymont v Represented by:10 Mr L Knowles - Lay Representative Red Atlas Ltd — 2023

The claimant brought a complaint of unlawful deduction from wages arising from the respondent's failure to pay wages due on 1 December 2023. The respondent lodged no defence, had been properly served, and did not appear, so the tribunal proceeded in its absence.

The tribunal found that the claimant had worked 176 hours in November 2023 at an hourly rate of £34.25. On the evidence before it, his wages for that month came to £6,028. The arrangement between the parties had continued without difficulty until the missed December 2023 payment.

No payment was received, and the tribunal recorded that attempts to contact the respondent by telephone and email were unsuccessful and that no explanation was provided for the missing payment. Applying section 13 of the Employment Rights Act 1996, the tribunal concluded that the claimant had been paid less than the amount properly payable to him and that this amounted to an unlawful deduction from wages.

The tribunal ordered the respondent to pay the claimant £6,028 in respect of the unlawful deduction from wages.