Claimant v Fidelity Consultancy Limited
Outcome
Individual claims
Tribunal found no unlawful deduction occurred because the claimant never attended for work, did not sign the employment contract, and provided no services to the respondent despite being placed on payroll for visa sponsorship purposes. Additionally, the claim was brought out of time.
Facts
The respondent offered the claimant a Web Developer position in October 2023 with an agreed salary of £23,000 and agreed to sponsor his UK visa. The claimant was placed on payroll from 1 November 2023 for visa sponsorship purposes but never attended for work, did not sign the employment contract, and never met his employer. After four months of non-attendance, the respondent withdrew the visa sponsorship in May 2024. The claimant did not attend the hearing and claimed £35,000 in unpaid wages.
Decision
The tribunal dismissed the claim for unauthorised deduction of wages, finding that no deduction occurred as the claimant provided no services to the respondent. The claim was also brought out of time, as ACAS was contacted on 13 September 2024, more than three months after the alleged last non-payment on 3 May 2024, with no explanation for the delay.
Practical note
Being placed on payroll for visa sponsorship purposes does not automatically entitle an individual to wages if they never attend work, sign a contract, or provide any services to the employer.
Case details
- Case number
- 6017810/2024
- Decision date
- 26 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Web Developer
- Salary band
- £20,000–£25,000
- Service
- 6 months
Claimant representation
- Represented
- No