Mr Ewan McArthur v Hillcrest Finance Limited — 2021

The tribunal found that Mr Ewan McArthur's complaint of unauthorised deduction from wages was well founded in respect of unpaid wages due to be paid in November and December 2020. It ordered Hillcrest Finance Limited to pay him £1,561.08, subject to any required tax and national insurance deductions, and said that any deductions had to be intimated in writing to him and remitted to HMRC.

The written reasons record that oral reasons were given at the hearing. The tribunal also noted the claimant's invitation for a financial penalty to be considered under section 12A of the Employment Tribunals Act 1996. It said its preliminary view was that there were aggravating features, including repeated assurances that payment would be made, a screenshot of the respondent's bank account said to show payment when that was not the case, and a declaration to HMRC that it was paying £1,200 per month to the claimant, which created difficulties for his Universal Credit claim.

No final penalty order was made in this judgment. Instead, the tribunal directed the respondent to show cause within 7 days why a financial penalty should not be made and to provide particulars of its means and ability to pay. The claimant had also applied for an expenses order and a preparation time order, relying on the respondent's failure to attend and its lack of prospects of success, but those applications were reserved. The tribunal directed further written responses on those applications and said the outstanding matters would then be determined on paper unless either party objected.