Mr S Gwynne v Retro Corner Custom Limited — 2022

The tribunal held that Mr S Gwynne was employed by Retro Corner Custom Limited between 5 and 8 July 2021 and had worked 44 hours in that period. It accepted the email evidence from May and July 2021, including the 1 July 2021 email asking him to "pop in tomorrow morning" and asking whether he could "Start Monday", and preferred the claimant's evidence to Mr Mosley's where there was inconsistency with the emails.

The tribunal found that the claimant was engaged on a salary of £24,000 per annum and that he left because he was dissatisfied with the number of hours he was working. It accepted his account that he had not been paid for the four days worked and concluded that he earned £369.24 gross for that period.

Applying sections 13, 23 and 13(3) of the Employment Rights Act 1996, the tribunal held that the failure to pay the wages properly payable was an unauthorised deduction from wages. The claim therefore succeeded and the respondent was ordered to pay £369.24 gross to the claimant.