Mr A Bromfield v Excel Parking Services Ltd: 1803239/2022
JUDGMENT
Following the hearing of oral evidence from both the claimant and from Mr Atwood, followed by brief arguments from them both as to why the claim should succeed/fail, the decision of the Employment Tribunal is that:(1) The claim for unauthorised deduction of wages (s.13 Employment Rights Act 1996) succeeds.(2) The respondent must pay to the claimant the sum of £2,792.33, less tax and NI.(3) Section 25(4) Employment Rights Act 1996 provides that the above declaration having been made, “the amount the employer is entitled to recover (by whatever means) in respect of the matter in relation to which the deduction or payment was originally made or received shall be treated as reduced by that amount”. (In other words, the above amount could not be claimed from the claimant in separate proceedings in the small claims court).