Mr W Sutherland v Clyde Homes Ltd — 2018

Mr W Sutherland worked for Clyde Homes from 12 March 2018 as a joiner at an hourly rate of £16. He was paid every two weeks by bank transfer, completed weekly timesheets, and regularly asked for pay statements, but none were provided. He also wrote to the respondent on 19 June 2018 asking for pay slips and received no reply. The tribunal explained that it had no jurisdiction over the P45 issue raised in the claim, but that it could determine the section 8 and section 12 Employment Rights Act 1996 matters.

The tribunal found, on the claimant’s evidence and documents, that Clyde Homes had failed to provide an itemised pay statement as required by section 8 ERA 1996 and made a declaration under section 12(3) to that effect. It also accepted the claimant’s evidence that in the 13 weeks before the application his gross pay, calculated from hours worked at £16 per hour, was £8,632 and that he had actually received £7,455.37 net, so that £1,176.63 had been deducted without notification. Under section 12(4) ERA 1996, the tribunal ordered the respondent to pay that sum to the claimant.