(sitting alone) Mr Grzegorz Matula v Windparkservice UK Ltd — 2020

Mr Matula was employed by Windparkservice UK Ltd as a Wind Turbine Technician from 7 November 2017 until 31 August 2020. He gave notice on or around 3 August 2020 and left company property on his last working day. The respondent did not enter a response or appear at the final hearing on 29 January 2021, and the tribunal proceeded in its absence.

The claimant withdrew the combined complaint concerning alleged non-payment of £630 said to have been payable in monthly instalments between January/February 2018 and February/March 2020. The tribunal accepted the withdrawal because the claimant said he wished to pursue the matter in the sheriff court, and it noted that the historic claim was outside the tribunal time limit on the facts discussed at the hearing.

On the merits, the tribunal found that the claimant had worked through August 2020 and had not been paid his August wages. His payslip showed gross pay of £2,899.63, made up of £2,483.38 basic pay, £315 daily allowance and £101.25 functional bonus. The tribunal held that the respondent had made an unlawful deduction from wages and ordered payment of £2,899.63 gross, subject to tax and national insurance deductions.

The tribunal also found that the respondent had agreed to reimburse the claimant's reasonable expenses, including diesel and other items, and that an expenses claim remained unpaid at termination. Although the issue list referred to £153.92, the findings and order used £152.92. The tribunal held the sum was due in breach of contract and ordered payment without deduction.