Background: 

The claimant was employed by the respondent as a Lorry Driver from October 2022 until February 2023.   The claimant received £600.00 by way of bank transfer weekly and £200.00 in cash.  In February he only received the bank transfer for one week and in a second week did not receive pay for four days worked.   When queried with the respondent the claimant was told that payment had not been made as the respondent was trying to work out how to fix some extensive damage to a lorry. The claimant brought a claim for an unlawful deduction from wages as a result of a breach of contract.  

Outcome: 

The claimant was successful.  The Tribunal held that on balance there was a breach of implied contractual duties as there was no written contract between the parties. This was a net loss of £840.00.  Additionally, as there was no written statement of employment particulars there was a further payment of £1,338.00 that being the capped amount for two weeks. 

Practical Guidance for Employers: 

It goes without saying that employees should be paid for the work that has been completed.  A further point is the extent to which there are employers who do not give written statement of particulars to employees when they begin.  This creates a ‘penalty kick’ scenario when an issue does arise for claimants in the Tribunal.  

NI Tribunal decisions are available on the OITFET website: 
http://www.employmenttribunalsni.co.uk/