Mr M Smith v Empire Direct Solutions Ltd: 3205935/2021
JUDGMENT
The claimant’s claim for breach of contract/unlawful deduction of wages is well founded. The respondent will pay the claimant £1,120.REASONS
[1]The claimant has claimed unlawful deduction from wages/breach of contract. He presented his claim form on 13 September 2021 after a period of early conciliation which started on 7 August 2021 and ended on 13 September 2021.[2]In his claim form the claimant says that he was employed as a delivery driver for the respondent from 1 July 2021 until 19 July 2021. He worked for 14 days for a day rate of £80. He says that he was not paid.[3]He claims £1,120 in arrears of pay, £38.50 for the cost of completing a DBS check and £20 for petrol. 10.2 Judgment - rule 61 March 2017 Case No: 3205935/2021[4]The respondent did not enter a response (ET3). On 17 February 2022, the Tribunal wrote to the respondent notifying it that because it had not filed a response, judgment may be issued under rule 21. The respondent was also told that it was entitled to receive notice of a hearing, but it would only be able to participate in any hearing to the extent permitted by the employment judge hearing the case. The letter also listed a full merits hearing for 21 March 2022. The respondent did not participate at the hearing.[5]On the evidence provided, the claim for unlawful deduction of wages is wellfounded and the respondent will pay the claimant £1,120. The claimant does not have a contractual entitlement to be reimbursed his cost for obtaining a DBS certificate and for his petrol. I cannot award compensation in respect of those aspects of his claim.