Mr J Biedny v Corb Ltd: 1300002/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1250.[2]The claimant’s claim in respect of £139 unpaid expenses is not successful and is dismissed because “payment in respect of expenses incurred by the worker in carrying out his employment” is excluded from the definition of “wages” under section 27 (2) of The Employment Rights Act 1996 and so cannot be awarded as part of a claim for unathorised deduction from wages under section 23 of the act.[3]The sum payable under paragraph 1 above is the gross amount to be paid and the claimant is to be responsible for any income tax and Nation Insurance contributions thereon.