Claimant v Bartley Building Renovation Limited
Outcome
Individual claims
The tribunal found as a fact that the claimant was paid a by-task rate and was paid for all tasks completed. The claimant claimed he was owed £1,050.40 based on an hourly rate of £15 for 200 hours, but the respondent's unchallenged evidence established he was paid for all work done. Where all work has been paid, there can be no successful claim for unlawful deduction from wages.
Facts
The claimant worked for the respondent construction company on an ad-hoc basis over a 5-week period, attending work for 16 days. He claimed he was owed £1,050.40 based on an hourly rate of £15 for 200 hours worked. The respondent's evidence was that the claimant was paid £80 for one observation day and thereafter paid according to tasks completed, and that all work had been paid for. The claimant did not attend the hearing despite proper notice.
Decision
The tribunal found the claimant was a worker but dismissed his unlawful deduction from wages claim. The tribunal accepted the respondent's unchallenged evidence that the claimant was paid a by-task rate and had been paid for all tasks completed. Where all work done has been paid, there can be no successful claim for unlawful deduction from wages.
Practical note
A claimant who fails to attend the hearing and provide evidence risks having their claim dismissed where the respondent provides credible sworn evidence that contradicts the claim, even where the tribunal could have struck out the claim for non-attendance under Rule 47.
Case details
- Case number
- 6013121/2024
- Decision date
- 25 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- in house
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No