Miss C Parnell v Lyndon Dykes Ltd: 2503413/2018
JUDGMENT
The claimant’s complaint of unlawful deduction from wages is well-founded. The respondent is ordered to pay the claimant the gross sum of £1377.08 net of income tax and NI.REASONS
[1]During the course of the hearing the respondent indicated that there had been problems with their payroll and their calculations for the claimant’s wages. The respondent indicated that the gross sum due to the claimant for outstanding wages was £1557.08. This included hours which were underpaid and overpaid. The claimant accepted that figure.[2]Further, during the course of the hearing the respondent agreed that they would not pursue certain deductions be made from the claimant’s wages. These included overpaid holidays, training fees, and losses relating to media advertisements allegedly taken out without authority.[3]The claimant had indicated during the course of her evidence that she had returned the mobile telephone and charger. However after further enquiries were made by the respondents during the course of the hearing, it transpired that neither had apparently been returned. The respondent agreed that it would not pursue deductions from the claimant’s wages for the charger. The claimant agreed that a deduction could be made from her outstanding wages for the mobile telephone.[4]Accordingly, the respondent acknowledged that outstanding wages were due to the claimant in the sum of £1557.08, less a deduction from the claimant’s outstanding wages for the mobile telephone in the sum of £180.00. The claimant agreed that sum could be deducted from her outstanding wages under the terms of her contract of employment. The claimant agreed to accept that sum of £1377.08 as her outstanding wages. EMPLOYMENT JUDGE MARTIN