Mr J McTaggart v Bars Holdings Ltd: 8000207/2025
JUDGMENT
[1]The respondent’s name is amended by adding the word ‘Limited’ in accordance with the Early Conciliation Certificate.[2]The respondent unlawfully deducted sums from the claimant’s wages contrary to Section 13 of the Employment Rights Act 1996. The respondent is ordered to pay to the claimant the sum of £6,164 (SIX THOUSAND, ONE HUNDRED AND SIXTY FOUR POUNDS) in respect thereof.[3]The claimant having withdrawn his claims for a redundancy payment and holiday pay on the basis that these claims are premature, the claims are not dismissed. The claimant wished to reserve the right to bring them once his employment has ended. This is a legitimate reason and it is not in the interests of justice to dismiss them.REASONS
[1]The claimant has been employed by the respondent as a maintenance man at its Artto Hotel in Hope Street, Glasgow with effect from 29 June 2017. Having complied with the early conciliation requirements, he presented an application to the Employment Tribunal on 24 January 2025 in which he claimed unauthorised deductions from his pay, holiday pay and a redundancy payment. The claimant accepts that the latter two claims can only be claimed once his employment has terminated and he withdraws them today on the basis that they are premature. However, he wishes to reserve the right to make the claims on termination of his employment. I have not, therefore dismissed them for the reasons summarised in the judgment section above. The respondent did not lodge a response to the claim. Today’s hearing was fixed as a final hearing in an undefended claim.[2]The claimant wishes to add the word ‘Limited’ to the designation of the respondent in accordance with the respondent’s name on his early conciliation certificate, which is the correct name. I granted his application to do so.Evidence
[3]The claimant gave evidence on his own behalf. He was clearly an honest witness who made appropriate concessions and I accepted his evidence. Findings in Fact[4]The following material facts were found to be proved:-[5]The claimant has worked for the respondent as a maintenance man since 29 June 2017. His role included tasks such as washing walls, changing light bulbs or hanging curtains and other general maintenance tasks but not electrical work, plumbing, plastering or joinery. The claimant worked 20 hours per week at the National Minimum Wage.[6]In or around August 2024, the respondent took on another maintenance man who had been working for a company the respondent had engaged to do some work for them. He was more qualified than the claimant and the claimant sensed he was being ‘edged out’. In early September 2024, the claimant was filmed watching a legal ‘pro UK’ demonstration in Glasgow City Centre as a bystander. On 9 September 2024, the hotel’s manager, Bobby Singh called him into his office and told him he was being suspended on full pay for this. The claimant texted Mr Singh on Friday 13 September 2024 asking him for clarification as to what was happening. Mr Singh did not reply. The claimant was paid for the months of September and October 2024. However, he received no pay for November. He texted Mr Singh on 9 December to ask again what was happening. Mr Singh asked to meet with him on 11 December 2024 at the Radisson hotel in Glasgow.[7]The claimant met with Mr Singh on 11 December 2024. Mr Singh gave him £500 in cash in partial payment of his wages for November and told him the rest would go into his bank account the following day. This did not happen. The claimant remained suspended by the respondent. No action has been taken by the respondent either to end the contract or to communicate with the claimant regarding what his suspension is about or when it will end. The claimant claims in respect of his unpaid wages to the date of the hearing. This must be paid at the National Minimum Wage. The NMW was £11.44 per hour from 1 April 2024 to 31 March 2025. It is £12.21 per hour from 1 April 2025.[8]The claimant remains suspended by the respondent on full pay. He is entitled to 20 hours per week at £11.44 per hour until 31 March 2025. 20 x £11.44 = £228.80 per week. The claimant was paid monthly. The monthly sum at the NMW is £228.80 x 52/12 = £991.41.[9]On 1 April 2025 the NMW increased to £12.21 per hour. 20 x £12.21 per hour = £244.20 per week. The monthly sum from 1 April 2025 at the NMW is £244.20 x 52/12 = £1,058.20. The sum for May requires to be pro-rated: £1,058.20 x19/31 = £648.57.[10]The wages which ought to have been paid to the claimant are as follows: November 2024 £491.47 December 2024 £991.47 January 2025 £991.47 February 2025 £991.47 March 2025 £991.47 April 2025 £1,058.20 May 2025 £648.57 Total: £6,164.12 (to be rounded down to the nearest whole pound). Discussion and Decision Claim for unauthorised deductions from wages[11]Section 13 of the Employment Rights Act 1996 gives workers the right not to suffer unauthorised deductions from their wages. Under section 13(3) a deduction occurs where “the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion.” The claimant has been suspended by the respondent on full pay. He ought to have been paid for the sums set out in the findings in fact above and has not been so paid. Accordingly his claim succeeds. 23 May 2025