Mr S McNeil v Glotech Marine Equatorial Guinea — 2022

Mr S McNeil brought a claim for unauthorised deduction of wages under section 13 of the Employment Rights Act 1996. The case was heard by CVP at Norwich Employment Tribunal on 11 August 2022 before Employment Judge Hutchings under Rule 21 because the respondent did not present a valid response or attend the hearing. The claimant relied on his employment contract, a 52-page bundle, and sworn oral evidence.

The tribunal accepted that Mr McNeil was employed from 1 July 2020 as Country Manager on a contractual daily rate of £900 gross, working six days a week. On the evidence accepted by the tribunal, he worked the days identified for July to December 2020 and was entitled to gross pay of £108,900 for 121 days worked. The tribunal found that he had only been paid £10,952.88 in two amounts in August and October 2020, leaving £97,947.12 outstanding.

Mr McNeil also sought an additional 10% on the unpaid amount, said to be an in-person agreement and recorded in an email of 4 February 2021. The tribunal did not award that sum because there was no written confirmation that the respondent had agreed to pay the additional 10%. The award of £97,947.12 was made gross, with tax and employee national insurance to be accounted for by the claimant if due.