Miss S Adams v Chartwells Compass Group: 2303311/2018
JUDGMENT
[1]The Claimant’s claim of unlawful deduction of wages is not well-founded and is dismissed.REASONS
[1]The Claimant has been paid the correct gross amounts during her employment. She believes that she has had too much tax deducted as she began on the wrong tax code, which if correct is a matter for her employer and HMRC. I was not able to check as I only had her March 2018 payslips before me.[2]The Claimant’s more significant issue is that the first payslip she was issued was incorrect and stated that she was paid £929.37 gross, £743.57 net. This was corrected the same month with a further payslip dated 29 March 2018 showing the net pay reversal. It is clear from her bank statement that she never received that pay. Her employer has also provided a letter confirming this, save that it is inaccurate to the extent that it suggests the sum was paid and then recovered, rather than the correct position that it was never actually paid.[3]Despite never receiving this sum, and her employer showing the sum was reversed in her subsequent payslip, the Claimant’s housing benefit was nevertheless stopped as a result of that incorrect payslip. The Claimant argues CASE NUMBER: 2303311/2018 the Respondent should have assisted her further with rectifying the housing benefit position by providing an “EYU” promptly as she has been advised by HMRC. The Respondent disputes this is required as the error was corrected in the same tax year. Disputes about either the EYU or whether the housing benefit was incorrectly stopped do not fall within the jurisdiction of this Tribunal.