Mr T Trafford v Mr M N Stanley: 1308231/2019
JUDGMENT
[1]At all material times the claimant was a “worker” of the respondent as defined by section 230(3) Employment Rights Act 1996 (ERA).[2]The claimant’s claim under section 23(1) ERA is well-founded. The respondent made a series of deductions from the claimant’s wages between 31 May 2019 and 6 August 2019, contrary to section 13 ERA, by failing to pay him his full entitlement to wages. The total amount underpaid was £2,392, calculated as follows:(i) Wages paid on 31 May 2019 Total wages due (30 days @ £100 per day): £3,000 Less paid - £1,248 Shortfall £1,752(ii) Wages paid on 1 July 2019 Total wages due (20 days @ £100 per day) £2,000 Less paid - £1,280 Shortfall £ 720(iii) Wages paid on 6 August 2019 Total wages due (7 days @ £100 per day) £ 700 Less paid - £ 480 Shortfall £ 220(iv) Total (i) + (ii) + (iii) £2,692 Less 3 days not worked - £ 300(v) Total wages unlawfully deducted £2,392 Case No: 1308231/2019[3]The respondent is ordered, under section 24(1) ERA, to pay the claimant the sum of £2,392 unlawfully deducted.[4]The respondent is further ordered, under section 24(2) ERA to pay the claimant compensation of £209.06 for the financial loss he incurred in consequence of and attributable to the unlawful deductions.[5]The total amount payable by the respondent to the claimant is £2,601.06