Mr Richard King v Represented by: Ms K Brown - Solicitor Foodstore Ltd — 2026

The tribunal heard the claim in the respondent's absence and from the claimant alone. It found that Mr Richard King was an employee of Foodstore Ltd despite also being a director and shareholder. In reaching that conclusion, the tribunal relied on the history of the business, the terms of the 30 August 2024 share purchase agreement, and the fact that the respondent had suspended the claimant and was seeking to follow a disciplinary process.

The tribunal found a clear deduction from wages within the meaning of the Employment Rights Act 1996. It accepted that the claimant's monthly salary was agreed to continue even though he was not carrying out duties, but that he was not paid from October 2024 onwards except for payments in August and September 2025. It also found that the monthly pension contribution of £500 was an emolument referable to employment and therefore fell within the statutory definition of wages, and that those contributions stopped in February 2025.

On the figures, the tribunal found that wages due from 31 October 2024 to the hearing date totalled £104,354.84, pension contributions totalled £8,500, and the August and September 2025 payments of £13,300.16 had to be deducted to avoid double counting. The tribunal therefore upheld the unlawful deduction from wages claim and ordered Foodstore Ltd to pay £112,854.84.