Mr Kerr's claim for unlawful deduction of wages, based on an allegation that he had not been paid, led an Employment Judge to find in his favour and award him £725.25. Labour Links had been debarred and so only Mr Kerr was at the hearing (and appeal). He appealed, saying that he should have been awarded more money.

The EAT sought further information from Employment Judge Hill, and she confirmed how she had made her calculations, adding that the number of hours worked was based on the claimant's own information."