Mr Barry Webster v KPD UK Delivery Ltd T/a KPD Delivery: S/4122937/2018
JUDGMENT
The Judgment of the Tribunal is that the claim under s.23 of the Employment Rights Act 1996 is well-founded and the respondent shall pay to the claimant the sum of Four Hundred and Eighty Pounds (£480), as unlawful deductions from wages.REASONS
[1]Barry Webster claimed that the respondent Company was due to pay him outstanding wages. The claim was not defended. The respondent had not submitted a response form. After the usual procedures, a Final Hearing was fixed for 12 February 2019. The claimant appeared at the Aberdeen Tribunal Office at the appointed time. There was no appearance by or on behalf of the respondent, despite a Notice of Hearing being sent to them, but for their information only as they had not defended the claim. The Hearing was E.T. Z4 (WR) scheduled to start at 9.30am. When there was still no appearance by or on behalf of the respondent by 9.45am and no contact from them, I decided to proceed with the Hearing.The Evidence
[2]I heard evidence under oath from the claimant. His evidence was measured, consistent and entirely convincing. He presented as entirely credible and reliable.The Facts
[3]On the basis of the claim form and the claimant’s evidence, I was able to make the following findings in facts. The claimant commenced his employment with the respondent as a Delivery Driver on 18 August 2017. He worked for them for a total of 6 days before he was dismissed, summarily.[4]When he started his employment, he was advised by the respondent that he would be paid £80 per day. He has not been paid any wages.[5]Accordingly, he is due a total of £480 for the six days he worked for the respondent and this sum now requires to be paid to him.