Mr G MacKay v Hotel in the Skye Limited — 2021

The tribunal found that Hotel in the Skye Limited failed throughout Mr G MacKay’s employment to provide itemised pay statements timeously, contrary to section 8 of the Employment Rights Act 1996. Mr MacKay had been employed from around February 2020 until redundancy towards the end of September 2020 on a salary of £21,000 paid monthly. He repeatedly asked for payslips, was told the matter would be checked with the accountant, and no explanation was given until after his employment ended, when two payslips for the final months were provided.

The tribunal held that this was not an oversight or technical failure but a deliberate and continued failure to meet the employer’s obligations. It therefore decided to award the maximum amount allowed under section 12(4) ERA 1996. On the figures set out in the judgment, the unnotified deductions totalled £3,379.31, based on shortfalls recorded for 31 March, 30 April, 29 May, 30 June, 1 September, and 30 September 2020.

The judgment also records that the tribunal made no findings in relation to any separate unlawful deduction from wages claim. The only monetary order made was for £3,379.31, and the tribunal noted that Mr MacKay still did not know whether he had been paid all sums due to him.