Morgan Keeling v Executive Event Solutions Limited — 2023

Morgan Keeling brought a complaint under section 23 Employment Rights Act 1996 alleging failure to pay wages for hours worked in May and June 2022. He said his contract provided for pay at £9.60 per hour. The respondent did not attend the hearing and did not participate in the proceedings. The tribunal heard sworn evidence from the claimant, found him to be a credible and honest witness, and accepted his oral and documentary evidence.

The tribunal found that the claimant was employed from 18 May 2022 to 15 June 2022 as a Stage Crew Member. After an earlier payment on 28 May 2022, for which no complaint was made, he worked a further 48 hours on 31 May, 1 June, 13 June and 15 June 2022. At the agreed rate of £9.60 per hour, £460.80 was properly payable for those hours. On 26 June 2022 the respondent paid £256.13, calculated on 37.5 hours at £6.83 per hour. The tribunal found that the respondent had reduced the hourly rate of its own volition and without contractual authority, and that the resulting shortfall was £204.67.

The tribunal held that the deficiency of £204.67 was a deduction from wages which was neither required nor authorised by statute or by the claimant's contract, and that it was made in contravention of section 13 Employment Rights Act 1996. The complaint under section 23 was therefore well founded and the tribunal ordered the respondent to pay the claimant the gross sum of £204.67. Although the judgment noted that section 23 can also allow compensation for consequential financial loss, the claimant said he had suffered none, so the award was limited to the amount unlawfully deducted.