Claimant v Pinnacle Finance Mortgage Adviser and Specialist Lending Brokers
Outcome
Individual claims
The tribunal found that the claimant was owed £7,221.69 (net) for unpaid salary from July to October 2024, including a bonus entry in July 2024 payslip. The respondent accepted this amount was owed. The tribunal concluded there was an unlawful deduction from wages as the claimant was not paid his contractual salary during this period.
The tribunal found there was no evidence from the claimant about the amount of holiday pay claimed or when he took annual leave. The respondent stated no holiday pay was owed. In the absence of any evidence, the tribunal was not satisfied that the respondent had failed to pay holiday pay.
The claim for unpaid commission (other than July 2024 commission included in the accepted sum) failed. The contract stated commission was a benefit that could be withdrawn at any time. The claimant provided no evidence of what commission he claimed was owed for periods before July 2024, and no evidence he raised concerns at the time about underpayment.
Facts
The claimant worked as a specialist mortgage broker from November 2023 to October 2024 on a salary of £26,000 plus commission. In July 2024, an allegation of a fraudulent mortgage application involving the claimant emerged, leading to an investigation by the mortgage club which suspended the respondent's ability to claim commission. This caused severe cash flow problems. The respondent stopped paying the claimant's salary from July 2024 onwards. After four months of non-payment and work-related stress, the claimant resigned in October 2024.
Decision
The tribunal upheld the claim for unlawful deduction of wages for unpaid salary between July and October 2024, awarding £7,221.69 (net) which the respondent had accepted was owed. Claims for additional commission and holiday pay failed due to insufficient evidence from the claimant about what was allegedly owed.
Practical note
Even where an employer faces cash flow difficulties due to external investigations, they remain liable for contractual salary payments and cannot simply cease payment without following proper contractual or statutory procedures.
Award breakdown
Award equivalent: 14.4 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6016508/2024
- Decision date
- 18 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- specialist mortgage broker
- Salary band
- £25,000–£30,000
- Service
- 1 years
Claimant representation
- Represented
- No