Mr R Fu v Boonsawad Thai & Swedish Massage Centre: 2204249/2021

EMPLOYMENT TRIBUNALS

Case No 2204249/2021

Between

Mr R FuClaimant

Boonsawad Thai & Swedish Massage CentreRespondent

Before

Employment Judge Nicolle

In person for claimant

Date 20 October 2021

JUDGMENT

[1]The claim for an unauthorised deduction from wages succeeds and the Respondent is ordered to pay the Claimant the sum of £600.

[2]If the employer reduces salary in breach of contract the relevant legislation is Sections 13 and 27 of the Employment Rights Act 1996 (the ERA). S.13 Right not to suffer unauthorised deductions.(1) An employer shall not make a deduction from wages of a worker employed by him unless— (a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or (b) the worker has previously signified in writing his agreement or consent to the making of the deduction.

(2) In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised— (a) in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or (b) in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in 1 of 3 relation to the worker the employer has notified to the worker in writing on such an occasion.

(3) Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions), the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker’s wages on that occasion.

[3]S.27 Meaning of “wages” etc. (1) In this Part “wages”, in relation to a worker, means any sums payable to the worker in connection with his employment, including— (a) any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise.

REASONS

[1]Oral reasons were given to the parties on 20 October 2021.