Mr J Mace v EHL UK Building Maintenance & Facility Services Ltd: 2500223/2019
JUDGMENT
[1]The correct name of the respondent is as shown above, and the other parties named by the claimant in making his claims to the Tribunal having been apparently wrongly (but understandably) included and, pursuant to rule 34 of the Employment Tribunals Rules of Procedure 2013, those other parties are removed.[2]The claimant was employed by the respondent. That employment commencing on 16 July 2018 and continuing until it was terminated on 24 September 2018.[3]As was conceded behalf of the respondent, it had made a deduction of £1,069.97 from the claimant’s wages paid to him at the end of September 2018. The claimant’s complaint under section 23(1) of the Employment Rights Act 1996 (the “1996 Act”) that that deduction was made in contravention of section 13 of the 1996 Act in that it was not required or authorised to be made by virtue of a relevant provision of his contract is well-founded and, pursuant to section 24(1)(a) of the 1996 Act, the respondent is ordered to pay to the claimant the amount of that unauthorised deduction, being £1,069.97.[4]The claimant’s complaint that the respondent also made an unauthorised deduction of £799.68 from his wages in that it did not pay him in full in respect of Case Number: 2500223/2019 2 overtime that he worked for the respondent at its request is well-founded and, pursuant to section 24(1)(a) of the 1996 Act, the respondent is ordered to pay to the claimant the amount of that unauthorised deduction (ie. the non-payment), being £799.68.[5]The above amounts of £1,069.97 and £799.68 have been calculated by reference to the claimant’s gross pay and any liability to income tax or employee’s national insurance contributions in respect of those amounts shall be the liability of the claimant alone.[6]The respondent failed to give the claimant a number of written itemised pay statements contrary to section 8 of the 1996 Act. On behalf of the claimant it was conceded, however, that any unnotified deductions were not made from the pay of the claimant during the period of thirteen weeks immediately preceding the date of his application for the reference as provided for in section 12(4) of the 1996 Act and, as such, the Tribunal does not order the respondent to pay to the claimant the amount of any unnotified deductions so made. EMPLOYMENT JUDGE MORRIS