Mr B PhillipsClaimantTBC Consultants LtdRespondent
Before
Employment Judge CrosfillIn person for claimantNo appearance or representation for respondentDate 19 July 2021
JUDGMENT
[1]The Claimant’s claim for unlawful deduction from wages brought under Section 23 of the Employment Rights Act 1996 is well founded.[2]It is declared that the Respondent deducted the sum of £705.02 from the Claimant’s Wages due in October 2020. The said sum is calculated as set out below.[3]The Respondent is ordered to pay the Claimant the sum of £705.02.[4]The Claimant’s application for a preparation time order is dismissed. Calculations[1]The Claimant entered a contract with the Respondent on 2 October 2020 and commenced work on 12 October 2020.[2]The Claimant worked for 7 hours on 12, 13, 14, 15, 16. 19, 20, 21, 22, 23, 26, 27 October 2020 and for 20 minutes on 28 October 2020. A total of 84.33 hours.[3]The Respondent had agreed to pay the Claimant £250.00 for his first month’s work.[4]The Tribunal determined that the Claimant had undertaken 84.33 hours of work for the purposes of the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015.[5]In calculating the sum due to the Claimant the Tribunal is obliged to have regard to the requirement to pay the national minimum wage.[6]Regulation 17 of National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 provides the mechanism for calculating any shortfall of payment.[7]The hourly rate that must be applied pursuant to regulation 17 is £8.36 (the Claimant being 21 years of age when the work was done).[8]The Respondent was therefore obliged to pay the Claimant 84.33 x £8.36 = £705.02.[9]The Respondent did not pay the Claimant anything in respect of the work that he carried out.