Mr A Albaroudi v Premier Scotland Group Limited — 2022

Mr A Albaroudi worked for Premier Scotland Group Limited as a security guard from 25 September 2017 to 30 August 2021. He was paid monthly on the basis of timesheets. For the period 31 July 2021 to 30 August 2021, he submitted a timesheet covering 211.5 hours of work, and the respondent's operations manager said the hours would be paid. The tribunal accepted the claimant's timesheets and found that the respondent did not pay him for that period at any time.

The tribunal held that the non-payment amounted to an unlawful deduction from wages under section 13 of the Employment Rights Act 1996. It found that the claimant was entitled to be paid on or around 15 September 2021, that he had complied with the respondent's timesheet procedure, and that he had not consented to the money being withheld. The tribunal also corrected the respondent's designation from Premier Security Limited to Premier Scotland Group Limited because the claimant had used the wrong company name but the correct business address.

On remedy, the tribunal found that the claimant's gross pay for 211.5 hours was £1,884.47. It concluded that he would not have been subject to income tax because his projected annual earnings were within the £12,570 personal allowance, but he would have been liable for National Insurance deductions. After making that calculation, it determined that the net amount unlawfully deducted from his wages was £1,658.33, and ordered the respondent to pay that sum.