Mr Matthew Law v Phoenix Security (UK) Limited — 2018

Mr Matthew Law worked for Phoenix Security (UK) Limited as a security guard from 17 January to 16 June 2018. The tribunal accepted his evidence and the supporting text messages showing that he had been offered the head doorman role at McDonalds Argyle Street at £12.50 per hour. It found that, for the first two weeks while he worked alongside another doorman, he was correctly paid the steward rate of £9.50 per hour.

The tribunal found that from the 16 February 2018 payslip onward he should have been paid £12.50 per hour as head doorman, but was instead paid lower rates on a number of occasions. It preferred the claimant's evidence and pay records over the respondent's written submission, which it said did not fully take account of the payslips produced. The table in the reasons set out the shortfalls by pay period and showed a total deficit of £395.07 after allowing for two pay credit adjustments of £66.

The tribunal held that this amounted to unlawful deductions from wages contrary to section 13 of the Employment Rights Act 1996. It also referred to section 23 as the route for bringing the complaint. Because the claimant had left employment, the tribunal ordered the sum to be paid gross of tax and National Insurance, leaving him to account to HMRC if required.