Mr A Breyer v Muhabbat Khan — 2021

Mr A Breyer said he worked for the respondent at the Alyth Premier Shop from about 18 July 2020 to 17 August 2020 and had not been paid the full wages due. The respondent’s response said the claimant had only worked between 10 August 2020 and 17 August 2020, for 27 hours in total, and had overstated the hours worked. The respondent did not attend the final hearing, and the tribunal proceeded with the claimant’s evidence, with a Polish interpreter present.

The tribunal accepted the claimant’s evidence and found that he had worked 127 hours in total and that his employment ended on or about 17 August 2020 because of a dispute over pay. It found that he was 50 years old and entitled to be paid at the National Minimum Wage rate of £8.72 per hour. On that basis he should have been paid £1,107.44, but he had only received £90, leaving an unlawful deduction of £1,017.44.

The tribunal noted the claimant’s reference to a £44 cash-handling deduction and the respondent’s suggestion that a lower rate had been agreed, but found there was no evidence that any deduction had been authorised under section 13 Employment Rights Act 1996. It therefore awarded the claimant the balance of £1,017.44.

The ET1 also mentioned the absence of a contract or statement of initial particulars of employment. The tribunal held that no action could be taken on that point because the claimant had been employed for less than two months, and the statement requirement in section 1 Employment Rights Act 1996 is due no later than two months after the start of employment.