10 Aug 2026
Mixed outcome
Unfair Dismissal, Unpaid Wages, Whistleblowing and Other
Heard at Newcastle
The claimant won on unlawful deductions because rolled-up holiday pay was calculated on a below-minimum-wage basic rate, but lost all other claims because the cessation of shifts was due to an automatic right-to-work suspension, not a reaction to his complaints or disclosures.
Legal Issues (5)
- Unlawful deductions from wages (rolled-up holiday pay on below-NMW basic rate)
- automatic unfair dismissal for asserting NMW rights (s.104A) and for protected disclosure (s.103A)
- detriment for protected disclosure (s.47B) and for asserting NMW rights (s.23 NMWA)
- burden of proof
- automatic suspension system for right-to-work documentation
Reference: 6019957/2024
