Mr Stephen Sheehan (claimant) v Miss Gail Mawston (Managing Director, respondent) — 2019

Employment Judge Deeley found that the respondent had failed to pay May and June 2019 wages and that the claimants succeeded in their unlawful deduction claims. The respondent conceded some deductions, including notice pay for all claimants except Miss Lowry and Mr Smith and accrued holiday pay subject to accrual and sickness adjustments, and the schedule of awards set out the sums due to each claimant.

On the disputed loan issue, the tribunal found that Mr Rae's £3,000 advance was a personal loan to Mrs Finnegan, Mr Smith and Miss Lowry, paid via Mr Sheehan's personal account, rather than a loan to Voltz Group UK Ltd. It therefore rejected any offset against those claimants' wage claims. The tribunal also held that Miss Fletcher was entitled to £800 commission for May 2019 because there was no express or implied term allowing the respondent to withhold commission after termination; her later access to CRM in August 2019 was too late to affect the June payroll date.

Mr Sheehan's expenses claim succeeded in part. The tribunal accepted an implied contractual right to reimbursement of reasonable business expenses on production of appropriate receipts, but rejected items it found unrelated to employment or not reasonable. It awarded £328.31 for the allowed expenses, and the schedule of awards totalled £4,812.71 across the claimants.