Ms A Herbert v Milkwood Care Ltd T/a The Mountains Nursing Home: 1603099/2023 and 1600684/2024

EMPLOYMENT TRIBUNALS
Case No 1603099/2023, 1600684/2024
Ms A HerbertClaimantMilkwood Care Ltd T/a The Mountains Nursing HomeRespondent
Employment Judge Howden-EvansMs Page (instructed by Counsel) for claimantIn person for respondentDate 22 April 2024

JUDGMENT

[1]The claimant’s complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period September / October 2023.[2]The respondent shall pay the claimant £3,209.21, which is the net sum deducted.[3]The respondent’s employer’s contract claim is struck out under Employment Tribunal Rule 37(1)(a) because the claimant has not made a contract claim, so the Tribunal does not have jurisdiction to consider an employer’s contract claim (per Article 8(a) Employment Tribunal Extension of Jurisdiction Order 1994).[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 does not apply to this award.[5]Interest will accrue at a rate of 8% per annum on any amount of compensation that remains outstanding 14 days after the date of this judgment. Case Number: 1603099/2023 & 1600684/2024