Case 2400005/2024 · Employment Tribunal
Mr A Pashley v Pinnacle Plumbing and Electrical Limited (in Creditors’ Voluntary Liquidation) — 2024
- Case reference
- 2400005/2024
- Decision date
- 12 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald REPRESENTATION
Parties
2 namedClaimant
Mr A Pashley
Key findings
Tribunal's reasoningMr Pashley worked for the respondent as a plumbing manager from 14 February 2022, and his employment ended on 10 July 2023. The tribunal accepted his evidence, in the absence of any attendance or response from the respondent, that he carried out further ad hoc plumbing work in July 2023 and that the respondent later confirmed by email on 4 August 2023 that the sums claimed would be paid through the August payroll.
The tribunal found that the claimant was owed 40 hours' pay at £21 per hour, totalling £840. It also accepted that Mr Gore had orally agreed a bonus of £1,500 in connection with the solar panel installation job at the claimant's mother’s house, and found on balance that the bonus was payable and due in the August 2023 payroll.
On limitation, the tribunal found that the contractual payment date was the last working day of the month, so the wages and bonus were due on 31 August 2023. Early conciliation ran from 4 October 2023 to 15 November 2023, extending the three-month time limit so that the claim presented on 2 January 2024 was in time. The complaint of unauthorised deductions from wages was therefore well-founded, and the respondent was ordered to pay £2,340 gross. The separate claim for expenses was dismissed on withdrawal because the claimant confirmed he was not pursuing it.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for 40 hours' unpaid work at £21 per hour (£840) plus an agreed bonus of £1,500, both due through the August 2023 payroll. | Upheld | — | £2,340 |
| Other | The claim for parking expenses was not pursued at the hearing and was dismissed on withdrawal. The tribunal noted that expenses are excluded from 'wages' under s.27(2)(b) ERA 1996. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,340
- across all upheld claims
Legal tests applied
5 references- s.13 ERA 1996
- s.27 ERA 1996
- s.23 ERA 1996
- New Century Cleaning Co Ltd v Church
- Pearce v Bank of America Merrill Lynch and ors
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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