Mr J J Clark v Shower Glass Ltd: 1402449/2021
JUDGMENT
[1]The respondent has made an unlawful deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £107.37, in respect of the amount unlawfully deducted.REASONS
[1]The Respondent was legally required to make deductions from the Claimant’s wages for tax and national insurance.[2]The Claimant agreed in evidence that the Respondent’s calculation of his total hours worked as being 756.75 hours, was correct and therefore that his gross salary was correct.[3]The Claimant agreed in writing using Facebook Messenger, in advance, for the following deductions to be made from his salary,a. 25 February 2021, £65 penalty charge noticeb. 29 March 2021, £65 penalty charge noticec. 5 March 2021, £175 replacement glass[4]The Claimant did not agree in writing to the following deductions and there was no provision in his contract of employment for these deductions to be made,a. 5 February 2021, £59.99 replacement rear light (Due to rounding the actual amount deducted was £58.37)b. 5 March 2021, £49 replacement mirror[5]These two deductions totalling £107.37 were therefore unlawful deductions from his wages.[6]The Employment Tribunal cannot consider a claim for personal injury alleged to have been caused in a workplace incident. Case No: 1402449/2021