Mr W Lowther v Opsium Employer Support Ltd: 2400103/2017

EMPLOYMENT TRIBUNALS

Case No 2400103/2017

Between

Mr W LowtherClaimant

Opsium Employer Support LtdRespondent

Before

Employment Judge Ross

In person for claimant

In person for respondent

Date 23 May 2017

JUDGMENT

[1]The claimant's claim of unlawful deduction from wages in respect of mileage expenses pursuant to section 13 of the Employment Rights Act 1996 is well-founded and succeeds. I order the respondent to pay the claimant the sum of £623.31 within 21 days of the date of this judgment.

[2]The claimant's claim for unlawful deduction from wages pursuant to the Employment Rights Act 1996 in respect of commission is not well-founded and does not succeed. The claimant's claim in the alternative for breach of contract in respect of commission is not well-founded and does not succeed.

[3]The claimant's claim for payment in lieu of notice pursuant to the Employment Rights Act 1996 is not well-founded and does not succeed, and in the alternative the claimant's claim for payment in lieu of notice for breach of contract is not wellfounded and does not succeed.

[4]The claimant is entitled to the issue fee of £160 and the hearing fee of £230 to be paid by the respondent within 21 days of the date of this judgment.