Mr C Padula v ATL Security – Armarium Security: 3313392/2023
JUDGMENT
The claim of breach of contract and/or unlawful deduction of wages succeeds in the sum of £864.44 (gross). The Claimant will be responsible for paying any tax due on that sum.REASONS
[1]The Claimant was employed by the Respondent as a security guard between 11 May 2023 and 14 September 2023. The Respondent is an employment agency that employed the Claimant on a zero hours contract. 1 of 2 Case Number: 3313392/2023 (CVP)[2]ACAS Conciliation took place between 12 October and 23 November 2023.[3]On 23 November 2023 the Claimant brought a claim for unlawful deduction of wages, stating he had not been paid properly for all the shifts he had worked for the Respondent and that he had only been provided with a few pay slips. When he had complained, the Respondent had blocked communications with him.[4]The Respondent failed to present a response, and the matter was set down for a 1hr hearing to determine liability and remedy.[5]The Claimant was a credible witness who provided detailed information as regards all his shifts and the payments he had received, as well as his pay slips and his attempted communications with the Respondent.[6]I therefore accept his evidence that whereas he should have been paid £3,676.80 he was only paid £2,830.36. Accordingly, he is entitled to be paid the shortfall of £864.44 (gross).