Mr Ross McGhee v Simon Driscoll Consultancy Limited — 2019

The claimant brought a final hearing for unpaid wages. He confirmed that Simon Driscoll Consultancy Limited was his employer and withdrew the claim against the second respondent, so the tribunal dismissed the claim against the second respondent under rule 52. The claimant gave evidence in person; no response form had been lodged by either respondent and neither was represented.

The tribunal found that the claimant was employed by the first respondent on a gross monthly salary of £2,833.33, that he had been paid in full up to and including 30 November 2018, and that he attended work or was on annual leave during December 2018. It found that he was entitled to his full December wage but had not been paid for that month. It also found that he was ready, willing and able to work until his resignation took effect on 18 January 2019, and was therefore entitled to salary for that period, calculated as 18 days' pay by reference to an annual salary of £34,000.

Applying section 13 of the Employment Rights Act 1996, including section 13(3), and section 23, the tribunal held that the December wages and January pay were sums properly payable under the contract of employment and that the failure to pay them amounted to an unlawful deduction from wages. It therefore ordered the first respondent to pay the claimant £2,833.33 for December 2018 and £1,676.71 for January 2019, both gross and subject to deductions required by law.