Mr S Corbett v Monarch Marketing Enterprise Ltd: 2602327/2022
JUDGMENT
[1]The respondent made an unlawful deduction from the claimant’s wages of £3,604.71 and is ordered to pay the sum of £3,604.71 to the claimant.REASONS
[1]The claimant was employed by the respondent as Marketing Manager. His employment started on 1 August 2022 and ended in early September 2022. On 11 October 2022, following a period of early conciliation that started on 20 September 2022 and ended on 5 October 2022, the claimant issued a claim for unlawful deduction from wages in the Tribunal.[2]The respondent has not presented a response to the claim and has made no contact with the Tribunal about the claim. The respondent did not attend today’s hearing. The proceedings[3]I heard evidence under oath from the claimant and was provided, by the claimant, with a copy of his contract of employment and a pay slip for August 2022.The issues
[4]The claimant is claiming the sum of £3,604.71 in respect of unpaid wages for the month of August 2022. The only issue for determination today therefore is whether the respondent has made an unlawful deduction from the claimant’s wages in the sum of £3,604.71.Findings of fact
[5]The claimant was employed by the respondent as Marketing Manager. His employment started on 1 August 2022, and he worked throughout the month of August. His contract of employment provided for him to be paid a salary of £60,000 a year.[6]At the end of August, he was provided with a pay slip showing his gross pay as £5,000 and the net pay due to him as £3,604.71.[7]The claimant was not paid any salary for the work he carried out in August 2022.The Law
[8]Section 13 of the Employment Rights Act 1996 (“the ERA”) states that: “(1) An employer shall not make a deduction from wages of a worker employed by him unless –(a) The deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or(b) The worker has previously signified in writing his agreement or consent to the making of the deduction… (3) Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions) the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker’s wages on that occasion.”[9]Section 23 of the Employment Rights Act 1996 gives workers the right to bring complaints of unlawful deduction from wages to the Employment Tribunal. The time limit for bringing such claims is contained within Sections 23(2), (3) and (4) which provide as follows: “(2) Subject to subsection (4), an employment tribunal shall not consider a complaint under this section unless it is presented before the end of the period of three months beginning with – (a) In the case of a complaint relating to a deduction by the employer, the date of payment of the wages from which the deduction was made…. (3) Where a complaint is brought under this section in respect of – (a) a series of deductions or payments… the references in subsection (2) to the deduction or payment are to the last deduction or payment in the series or to the last of the payments so received. (4) Where the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of three months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.”Conclusions
[10]The claimant is entitled to be paid the sum of £3,604.71 for the work he carried out in August 2022. The respondent has not paid that money to the claimant. It has therefore made an unlawful deduction from the claimant’s wages in the sum of £3,604.71.[11]The respondent is ordered to pay that sum to the claimant.