S Lindop v Delta Technology Ltd (in voluntary liquidation): 2402554/2024

EMPLOYMENT TRIBUNALS

Case No 2402554/2024

Between

Sarah LindopClaimant

Delta Technology Ltd (in voluntary liquidation)Respondent

Before

Employment Judge Holmes Dated

Date 14 January 2025

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 22

[1]The respondent has made unauthorised deductions from the claimant's wages in respect of 4 weeks pay (in fact 12 weeks, but the claimant only seeks the balance due after payment in respect of 8 weeks from the Redundancy Payments Service) and is ordered to pay the claimant the gross sum of £1,916.67 , the claimant being responsible for accounting to HMRC for any tax and national insurance due upon that sum.

[2]In relation to the claimant’s claim for £3,066.67 in respect of arrears of pay from April to November 2020, the Tribunal has no jurisdiction to make such an award. This is by reason of s.24(4A) of the Employment Rights Act 1996 , which limits the Tribunal’s power to make awards in respect of deductions from wages to those which were made less than 2 years before presentation of the complaint, which in this case was 30 April 2024.