Mr Benjamin Bradley in person For the v Mr Dominic Webb, Director — 2024

The claimant began employment with the respondent on a salary of £45,000 per annum. The written contract provided for monthly pay in arrears, but the parties had agreed to vary that term to payment of three months' salary in advance. No payment was made on or before 1 January 2024 (the start date the tribunal accepted), nor at any later point during the employment. The absence of payment caused the claimant financial difficulties, and he resigned on 24 January 2024.

The tribunal found that the claim of unauthorised deduction from wages succeeded and ordered the respondent to pay the claimant £9,986.04 gross, calculated as the gross entitlement of £10,403.22 less a £417.18 offset arising from the four days by which the claimant's termination email of 24 February brought the employment to an end earlier than the contractual notice required. The breach of contract claim also succeeded, but no separate award was made because the claimant was fully compensated by the wages award.

The respondent's application for a preparation time order (costs) was refused. The tribunal held that the claimant's delay in serving evidence did not amount to unreasonable conduct, and that the claimant had in fact beaten the respondent's settlement offer of £8,017.95, so the threshold under rule 76 was not engaged. Even if it had been, the tribunal would not have exercised its discretion to make an order in the respondent's favour.