Mr A Bitta v AA Logistics Solutions Ltd: 4102734/2023
JUDGMENT
[1]the claim under section 23 of the Employment Rights Act 1996 is well- founded and the respondent shall pay to the claimant the sum of NINE HUNDRED AND FORTY SIX POUNDS AND EIGHTY FIVE PENCE (£946.85) gross as unlawful deductions from wages; and[2]the respondent is ordered to pay to the claimant the sum of TWENTY FIVE POUNDS (£25) in respect of expenses due to be repaid under contract which were outstanding on termination.REASONS
[1]The claimant sent a claim form to the Tribunal complaining that the respondent failed to pay his outstanding wages and other contractual payments on termination of his employment.[2]The respondent did not present a response and did not attend the hearing which was conducted remotely by cloud video platform.[3]The claimant had responded to the Tribunal’s letter of 31 May 2023 providing a copy of his employment contract and other documentation including social media messages and P45.[4]The claimant joined the remote hearing but there were unfortunately technical issues. I was, however, satisfied from the documentation provided that I was able to make the following findings.Findings
[5]The respondent employed the claimant as a multidrop driver from 21 November 2022 until 6 December 2022. He was issued with a contract of employment.[6]In terms of the contract the claimant’s salary was £1,800 per month. He also required to obtain a basic disclosure from Disclosure Scotland at the cost of £25 which the respondent confirmed would be reimbursed in his first wage.[7]The claimant’s employment terminated on 6 December 2022. He received no payment of wages or expenses. The P45 issued by the respondent shows no deductions having been made for tax or national insurance.[8]At termination the claimant was due wages of £1,800 x 12 x 16/365 that is £946.85 gross.[9]The claimant was also due to be reimbursed for expenses of £25.[10]The respondent did not make any payment to the claimant.Conclusion
[11]In the absence of any response from the respondent and having seen the documentation, I was satisfied that the respondent had made an unlawful deduction from wages by failing to pay the claimant while he was employed. I calculated the deduction based on the number of days worked and the claimant’s gross monthly salary. I considered that the claim was well founded and ordered the respondent to pay the claimant £946.85 as unlawful deduction from wages.[12]I also considered the respondent had failed to reimburse the claimant expenses of £25 which the claimant had paid, and the respondent had said would be reimbursed in his wages. There was a breach of contract and the payment was outstanding on the termination of employment.