Mr Liam Patrick Ellis v Represented by: Mr J McCourt - Inverclyde Advice & Employment Rights Centre Ventureways Limited — 2024

The joined claims were heard by Employment Judge Campbell at Glasgow by CVP on 28 February 2024. The respondent had been served but did not lodge a response form, did not attend, and was not represented. At the outset, any claims against River Insolvency Limited were withdrawn. The complaints by each claimant about failure to pay accrued annual leave were also withdrawn and were formally dismissed.

The tribunal found that both claimants were paid monthly and had received payslips at the end of September and October 2023, but were not paid the salary shown on those payslips. The salary due on 29 or 30 September 2023 was not paid, and no later payment was made, as confirmed by the bank statements produced. Mr Ellis resigned with effect from 24 October 2023 and Mr Adamson resigned on 9 October 2023. Neither was paid for the period after the last date covered by the September 2023 payslip and before leaving.

The tribunal also found that each October 2023 payslip showed a deduction for training costs, but neither claimant had authorised such a deduction in writing, or at all. The tribunal held that those deductions were unauthorised and unlawful, contrary to section 13 of the Employment Rights Act 1996. It therefore upheld each claimant's unlawful deduction from wages claim.

On remedy, Mr Ellis was awarded £1,377.94, made up of £1,168.50 and £209.44. Mr Adamson was awarded £2,465.97, made up of £2,172.72 and £293.25. The aggregate monetary awards totalled £3,843.91.