Mr M L Kidby v McMullen & Sons Ltd: 3307825/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The Respondent made an unauthorised deduction from the Claimant's wages in the period September 2022 to May 2023;[2]The Respondent shall pay the Claimant £1,745, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance.[3]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the Claimant the further sum of £ 1,429.12.