Mr I Davies and others v Capita Business Services Ltd: 1600388/2022

EMPLOYMENT TRIBUNALS
Case No 1600388/2022
Mr I Davies and othersClaimantCapita Business Services LtdRespondent
Employment Judge K HuntMs Hart (instructed by counsel) for claimantMr Salter (instructed by counsel) for respondentDate 24 January 2023

JUDGMENT

[1]The Claimant has complied with the ACAS EC provisions at s.18A Employment Rights Act 1996 (ERA 1996) and the claim is in time in accordance with s.23 ERA 1996 and the Tribunal has jurisdiction to hear the claim.[2]The Claimant’s claim for unlawful deduction of wages is well founded. There was an unlawful deduction made on the implementation of the 2020 pay award and back pay due on 30 November 2020, which unlawful deduction is ongoing.[3]The award for repayment of the unlawful deduction made on 30 November 2020 and accruing up to and including 23 January 2023 and any financial losses attributable is to be determined and unless the parties reach agreement on the outstanding issue of overtime and write to the Tribunal no later than 21 February 2023, the case will be re-listed for a 2 hour remedy hearing. Case No. 1600388/2022