Mr Daniel Gordon v JTM Build & Design Ltd — 2022

No response had been presented, so the Employment Judge issued a rule 21 judgment on the available material. The tribunal found that the respondent had underpaid the claimant by £22.95 per week for 10 weeks, amounting to an unlawful deduction from wages of £229.50 under section 13 of the Employment Rights Act 1996. The respondent was ordered to pay that gross sum, less any deductions required by law.

The tribunal also found that the claimant had been unfairly dismissed within section 104 of the Employment Rights Act 1996, which the judgment describes as an automatically unfair dismissal not requiring two years' service because the reason for dismissal was that the claimant had alleged an infringement of a relevant statutory right. The claimant was awarded £554.40 as a compensatory award only, with no basic award due. That figure was calculated on the basis of £4.62 per hour at minimum wage for 40 hours per week for 3 weeks, and the judgment records that the recoupment regulations did not apply because the claimant had not secured any relevant statutory benefits. The sums were ordered to be paid within 7 days.