A Kemp (sitting alone) Mr Fraser Simpson v Deeside Inns Limited — 2019

Mr Fraser Simpson brought a single claim for unlawful deduction from wages against Deeside Inns Limited. The respondent did not appear at the final hearing. The tribunal proceeded in its absence after waiting fifteen minutes and accepted the claimant as a credible and reliable witness.

The tribunal found that the claimant was employed from the week commencing 6 August 2018 until 9 September 2018. Under his contract, wages earned up to the 24th of the month were paid at the end of that month, and wages earned after that date were paid in the following month. The claimant worked 73.5 hours between 25 August 2018 and 9 September 2018 at £7.38 per hour, making £542.43 due and payable by 30 September 2018.

The tribunal accepted the claimant's evidence that he had not received that sum by bank transfer, cheque, or any other means. It noted the respondent's email of 6 November 2018 stating that final payments were made by cheque and that a cheque likely had been issued, but there was no evidence that any such cheque was received and no evidence from the respondent at the hearing.

Applying sections 27, 13, and 23 of the Employment Rights Act 1996, the tribunal held that the respondent had made unlawful deductions from the claimant's wages and ordered payment of £542.43.