Mr Nadim Al-Maharik v Rujia Marketing Consultants Ltd (In Compulsory Liquidation) — 2023

The tribunal heard evidence from the claimant only; the respondent did not attend, present a response, or defend the claim. It accepted the claimant as open and credible. On the evidence, it found that he was employed by the respondent from 5 February 2022 until 31 August 2022 as a manager at the Dundee centre, worked full time in practice, and was paid monthly into his bank account.

The tribunal found that the claimant received a payslip for August 2022 showing net pay of £324.96, but he was not paid that sum by the middle of September 2022 or later. It also found that he had incurred work-related travel expenses of £549.49 when covering other centres in Scotland, that he had been told to keep records and claim them back each month, and that the respondent had previously reimbursed him when he followed that process. No evidence was given of any lawful basis for withholding either sum.

On those findings, the tribunal held that the claimant had suffered an unlawful deduction from wages in relation to the August 2022 pay and a breach of contract in relation to the unpaid travel expenses. It found that payment of both sums was initially due around 16 September 2022, but that the respondent later promised payment on 7 October 2022 and continued to give assurances, so the early conciliation start date of 19 December 2022 was within time. In the alternative, it found it was not reasonably practicable for the claimant to present earlier. The tribunal awarded the total sum of £874.45.