Mr D Anderson v DCS (Food Ingredients) Ltd: 1404977/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant’s wages for the period 3rd–21st July 2023. The respondent shall pay the claimant £1,533, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[2]The respondent failed to give the claimant a written itemised pay statement for July 2023 at the time the payment was due, as required by section 8 Employment Rights Act 1996. The respondent made unnotified deductions from the claimant’s pay in the 13 weeks prior to presentation of the claim form. The respondent shall therefore pay the claimant £184.12 in respect of those deductions.[3]When the proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,286.