Cases6016508/2024

Claimant v Pinnacle Finance Mortgage Adviser and Specialist Lending Brokers

18 July 2025Before Employment Judge FreshwaterEast Londonremote video

Outcome

Claimant succeeds£7,222

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Holiday Payfailed

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.

Unlawful Deduction from Wagesfailed

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 The contract stated commission was a benefit that could be withdrawn at any time.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

Arrears of pay£7,222

Award equivalent: 14.4 weeks' gross pay

Legal authorities cited

Statutes

ERA 1996 s.13

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