Mr J Rennie v R T McEwan Ltd — 2026

The claimant, Mr James Rennie, was employed by R T McEwan Ltd as an LGV driver from 30 January 2023 and was paid hourly, with basic hours and overtime paid on different weekly timings. The tribunal identified the issues as whether the claimant had suffered unauthorised deductions from wages under section 13 of the Employment Rights Act 1996, having regard to section 14, and what sum should be awarded if so.

The tribunal found that the claimant had been paid for the week commencing 19 May 2025, despite his concern that the timing of payments meant that week had been lost. It also found that a deduction for 1.5 days' holiday pay had been properly made, because the claimant had been paid for more holiday than his entitlement when the 2025 pro rata position was taken into account. The tribunal noted concerns about holiday pay calculation and rounding practices but stated those matters were not the case before it and were not determined.

The tribunal was not satisfied that the respondent had proved an overpayment of overtime. It found that the respondent relied on a spreadsheet showing a difference between overtime paid and overtime said to be due, but the witness could not explain when or why any overpayment had occurred, and there were inconsistencies with other records and the later payment described as a shortfall. The tribunal therefore concluded that the deduction of 19.5 overtime hours was an unauthorised deduction under section 13.

For remedy, the tribunal calculated that 7.75 overtime hours remained due after the respondent's later payment of 11.75 hours, producing £112.14 at the overtime rate of £14.47. It also awarded £1.12 for a 0.5 hour overtime underpayment, representing the difference between the basic rate and overtime rate. The total award was £113.26 gross, subject to any necessary statutory deductions.