Mr R Kumar v TM 1890 Limited — 2019

The claimant brought a claim under section 23 of the Employment Rights Act 1996 alleging unauthorised deductions from wages. The respondent did not enter a response under rule 16 and did not appear at the hearing. The claimant attended in person and explained that the figure originally sought in the claim form was £148.11, but after reviewing the hours worked he was only pursuing payment for ten hours at £8.21 per hour, giving a revised claim of £82.10.

The tribunal saw the claimant’s calculation of the hours worked and the payments received, and in the absence of any response from the respondent accepted that the claim was well founded. It therefore held that the section 23 claim succeeded and ordered the respondent to pay £82.10 as unlawful deductions from wages. No separate element of award was identified beyond that sum.