EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103425/2023 (V) Held at Aberdeen on November 2023 Employment Judge N M Hosie Mr Jack Sweeney v Colin’s MOT & Service Centre Ltd — 2023

The claimant, Jack Sweeney, worked for the respondent as a Mobile Mechanic from 8 May 2023 until 6 June 2023. On 6 June he texted Richard Evans to resign, saying the job was not working out, and then asked whether his wages for the week would be processed for Friday. Mr Evans replied, “nope”, and no payment was made. On the papers before it, the tribunal was satisfied that £870 wages were due and that the non-payment was an unlawful deduction from wages under s.23 Employment Rights Act 1996.

The respondent did not lodge an ET3 response. The tribunal recorded that there had been attempts to intimate the claim to the respondent trading as Colin’s Tyres, and later to Colin’s MOT & Service Centre Ltd at its registered office. The judge was satisfied from the claim form and supporting documents that a judgment could be issued without a hearing and noted that the claimant’s allegations were consistent and convincing.

The tribunal also found that the claimant had not been provided with a written statement of particulars of employment, as required by s.1 Employment Rights Act 1996. Because the claimant succeeded in a claim listed in Schedule 5 to the Employment Act 2002, the tribunal awarded the statutory minimum amount of two weeks’ pay. The judgment records that a week’s pay was capped at £643, so the award for this failure was £1,286.