Mr D Smith v National Resourcing Solutions Ltd: 3303480/2018
JUDGMENT
I. The complaint of unlawful deduction from wages succeeds. The respondent is ordered to pay compensation to the claimant in the gross sum of £885.50. II. On an application for costs, the tribunal orders the respondent pay to the claimant’s representative, costs in the sum of £293.33 plus VAT.REASONS
[1]The claimant commenced engagement with the respondent on 11 October 2017, as CPC qualified lorry driver.[2]It was a term of the contract that the claimant was paid at an hourly rate of £11 per hour.[3]The claimant worked a total of 80.5 hours, quantified by his in-cab tachograph.[4]The claimant having worked 80.5 hours at the rate of £11, was entitled to a wage of £885.50.[5]The respondent has not made any payments to the claimant. Case Number: 3303480/2018[6]The respondent failed to pay the claimant the sum of £885.50, which was payable as wages in respect of work performed between 11 October 2017 and 20 October 2017.[7]The respondent’s failure to pay that sum to the claimant was an unlawful deduction from the claimant’s wages contrary to section 13 of the Employment Rights Act 1996.[8]The respondent is accordingly ordered to pay compensation to the claimant in the sum of £885.50