Claimant v WL Business Enterprises Ltd (in creditor's voluntary liquidation)
Outcome
Individual claims
Tribunal found respondent unilaterally reduced claimant's contractually agreed net monthly salary from £1,800 to £1,500 from April 2020 onwards without consent. This constituted a series of unauthorised deductions from wages under section 13 ERA. Total net deductions of £12,610.35 grossed up to £15,762.94.
Respondent unilaterally changed provision of food from cooked meals to cash allowance of £286 per month from May 2024, then failed to pay this allowance during claimant's sick leave in June, July and August 2024. No contractual or statutory authority for deduction. Award of £858 (3 months at £286).
Tribunal found claimant's work was 'unmeasured work' under NMWR. Hours worked on site (50 per week) plus hours driving colleagues to/from sites (18 per week post-summer 2023) constituted working time for NMW purposes. Driving was not mere commuting but travel for purposes of work. Claimant paid £7.25/hour in April 2024 against NMW of £11.44. Failure to pay NMW found for January-April 2024. Award of £3,116.11 after adjustment for overlap with salary claim.
Facts
Claimant, a Portuguese general labourer, was recruited in March 2019 on agreement of £1,800 net per month, free accommodation, food and four annual trips to Portugal. From April 2020 respondent unilaterally cut pay to £1,500 net. Claimant worked 50 hours on site weekly plus 18 hours driving colleagues to/from various sites and accommodations. Respondent changed food provision to £286 monthly cash allowance from May 2024 but stopped payment during claimant's sick leave. Claimant had workplace accident in September 2022 losing fingers. Respondent entered creditors' voluntary liquidation November 2024.
Decision
Tribunal found respondent made unauthorised deductions totalling £15,762.94 by cutting salary, £858 by withholding food allowance, and £3,116.11 by failing to pay national minimum wage for hours worked including driving time (which was travel for purposes of work, not commuting). Additional award of £2,800 (4 weeks' pay) for failure to provide compliant written statement. Tribunal held s.23(4A) ERA two-year backstop was ultra vires. Total award £19,737.05 plus £2,800.
Practical note
Driving colleagues to multiple work sites before attending own site constitutes 'travel for purposes of unmeasured work' under NMWR reg.47, not ordinary commuting, and must be paid at national minimum wage rates.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6009523/2024
- Decision date
- 12 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Role
- general labourer
- Service
- 5 years
Claimant representation
- Represented
- No