Miss C Jhalli v Middlewood Nature Nursery: 1800792/2025
JUDGMENT
The claimant’s claim for unauthorised deduction of wages is hereby dismissed.REASONS
[1]Claim 1.1. Unauthorised deduction of wages.[2]Issue The issue in this case relates to whether the claimant had deducted from her wages a sum or sums of money and without her consent.[3]Facts The Tribunal having carefully reviewed all the evidence (both oral and documentary) before it finds the following facts (proved on the balance of probabilities): 3.1. The claimant was making a claim against the respondent in relation to whom any monies paid by the claimant to the respondent were paid not to the respondent but to FSK. However any monies payable to FSK came from the respondent. 3.2. The claimant was a nursery practitioner who was employed by the respondent from 28 November 2022 and according to her claim form she was at the time the claim was presented continuing in employment. The claim itself was presented on 15 February 2025. 3.3. The money which went to FSK was owed by the claimant for a child care bill. 3.4. At the hearing the claimant was unprepared with regard to her claim. She was allowed two periods to consider her claim. Eventually she said that she was owed £1500 and the first payment was £200 and made on 15 September 2025. 3.5. The Tribunal pointed out to the claimant that that claim form was presented on 15 February 2025 and the consideration the claimant claimed was not £1500 but the sum of £200 which she stated was deducted on 3 December 2024. 3.6. Mr Hindle in cross-examination suggested to the claimant that she did consent to the payment being made. 3.7. The claimant said that the monies were taken from her sick pay as she had been off sick for a year. 3.8. The claimant continued to suggest that she had not consented to the deduction but then told the Tribunal that she did agree.[4]Determination of the Issues (After listening to the factual and legal submissions made by and on behalf of the respective parties): 4.1. The claimant was clearly confused about the amount of unauthorised deduction of wages and when payment was made. She also changed her story in that having insisted she did not give her consent to the deduction, that she did in fact give that consent. 4.2. In all the circumstances the claim for unauthorised deduction of wages is hereby dismissed. Approved by