Mr R Anderson v Perfect Fit Scotland Ltd: 4105409/2022
JUDGMENT
The respondent unlawfully deducted the sum of £536 net from the claimant’s wages contrary to section 13 Employment Rights Act 1996 and is ordered to pay to the claimant the sum of £536 net in compensation..REASONS
1 . The claimant lodged a claim on 5 October 2022 claiming that the respondent had made unlawful deductions from his wages. The respondent did not enter an Notice of Appearance in response to the claim.[2]A final hearing took place. The claimant explained that his normal weekly pay was £666 gross and that 20% CIS (Construction industry scheme) tax was deducted as he had been registered by the respondent as a sub-contractor and paid tax under that scheme. Various efforts had been made by the claimant to recover the week’s lying time withheld by the respondent on the termination of the claimant’s contract without success. The claimant provided text messages which indicated that the respondent accepted that these sums were due and that they would be paid, although no payment has ever been made.[3]In these circumstances, the Tribunal determined that the respondent had unlawfully deducted one week’s pay from the claimant’s wages which amounted to £536 net. There was no valid reason for the respondent to withhold these sums and this amounts to an unlawful deduction from the claimant’s wages in terms of section 13 Employment Rights Act 1996. The respondent is therefore ordered to pay the claimant £536 in compensation.