Ms A Higham v Essex Delta Construction: 3202179/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made unauthorised deductions from the claimant's wages in respect of wages and commission owed and is ordered to pay the claimant the net sum of £2106.30 as follows:a. Balance of net salary for August 2018 after receipt of £300 cash = £720 net;b. Commission for August (Jerry Jones bathroom) – the greater of 5% of value of contract (£5854.91) or £250 = £292.75;c. Wages for September 2018 = £612 net; andd. Commission for September 2018 (Nina Earl bathroom) – the greater of 5% of value of contract (£9631.00) or £250 = £481.55 net.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sums of:a. £163.20 (3.2 days owed at £51 per day); andb. £525 unpaid leave.[3]The respondent has made unauthorised deductions from the claimant's wages in respect of expenses incurred on behalf of the respondent which he undertook to reimburse (mobile phone use between 8 and 15 August 2018) = £43.[4]The respondent has made an unauthorised deduction from the claimant's wages in respect of t-shirts = £40 net.[5]The respondent has made a further unauthorised deduction from the claimant's wages of £30.55[6]The hearing listed for 3 April 2019 is cancelled.