Mr James Foster v NWE Logistics Ltd (In Creditor’s Voluntary Liquidation): 2411508/2019
JUDGMENT
[1]The claimant’s claim for unlawful deduction of wages is well founded. In breach of section 13 of the Employment Rights Act 1996, it is declared that the respondent unlawfully deducted the following sums from the claimant’s wages, namely(1) £1050 in respect of wages due for work done (105 hours x £10),(2) £120 in respect of overnight allowance payments (6 x £20) and(3) £480 which was deducted from the claimant’s wages for pension purposes but not paid into the relevant pension. The respondent shall pay to the claimant the gross sum of £1050 (in respect of which tax is due), £120 and £480 (totalling £600), in respect of which no tax is due.[2]Upon cessation of the claimant’s employment on 21 November 2019, the claimant was due to be paid the sum of £1700 in respect of 17 days’ accrued holiday (payable at £100 per day). The respondent shall therefore pay to the claimant the gross sum of £1700. 1 of 3