Employment Judge LancasterIn person for claimantMr H Wiltshire (instructed by counsel) for respondentDate 9 May 2019
JUDGMENT
[1]It was not reasonably practicable to bring an application for a reference under section 11 of the Employment Rights Act 1996 within 3 months of the end of employment (28th July 2018) because the Respondent did not provide the requisite information until 28th November 2018 and the claim was presented on 14th January 2019 within a reasonable time thereafter.[2]It is declared, pursuant to section 12 (3) of the Employment Rights Act 1996, that the itemised pay statement given to the Claimant on 14th September 2018 did not contain the required particulars in that it failed to set out the gross amount of accrued holiday pay owed, the amount of the deduction from that sum or any purpose for which that deduction was made.[3]There was no unnotified deduction from wages made within the period of 13 weeks immediately preceding 14th January 2019.[4]The claim of an unauthorised deduction from the wages due on 14th September 2018 is in time.[5]The deductions of £359.41 for accrued holiday on termination and for £37.91 refund of pension contributions were not unauthorised, under sections 13 and 14 of the Employment Rights Act 1996, as they were in respect of an overpayment of wages and the claim under section 23 of the Employment Right Act 1996 is dismissed.