Ms R Linton v Cowies Ltd T/a JoJos Coffee Shop: 4106968/2023
JUDGMENT
[1]The Tribunal declares pursuant to section 24(1) of the Employment Rights Act 1996 that the respondent unlawfully deducted the sum of One thousand five hundred and thirty five pounds and forty five pence (£1,535.45) from the claimant’s wages.[2]Pursuant to section 24(2) of the Employment Rights Act 1996 the respondent shall pay to the claimant the gross sum of One thousand five hundred and thirty five pounds and forty five pence (£1,535.45), less any deductions required by law. Case No.: 4106968/2023 Page 2 Background[1]By ET1 presented on 3 December 2023 the claimant claimed 205 hours of pay which she said she had worked but not been paid. No response was lodged to defend the claim and it is understood that the respondent is undergoing some form is insolvency proceeding.[2]The claimant explained at the hearing that she had worked 205 hours and had not received payment. She was entitled to £7.49 per hour worked. She explained that she was only seeing a judgment in respect of the unpaid wages io (and other sums referred to was by way of background only). Law[3]Section 13 of the Employment Rights Act 1996 provides workers with the right not to suffer unauthorised deductions from their wages. Section 13(3) defines .15 a deduction as “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”.[4]Accordingly, there cannot be a deduction unless the wages claimed were “properly payable” in the first place. In order to determine what is “properly payable” for the purposes of section 13(3), the Tribunal is required to “make findings as to the claimant's contractual entitlement to pay or. . .payments that were properly payable by reference to her employment in order to identify whether and to what extent there had been a shortfall” (Davies v Droylsden Academy UKEAT/0044/16, paragraph 37).[5]The Tribunal is required to assess what was properly payable and compare that with what was paid and in the event of the sum being paid being less than that properly payable, section 24 states that the Tribunal shall make a declaration that the complaint is well founded and order the respondent to pay to the worker the amount of any such unlawful deduction.[6]In this case the failure to make payment to the clamant of the sums due in respect of the 205 hours she worked, namely 205 x £7.49, £1,535.45 amounts to an unlawful deduction and the Tribunal declares that the respondent has unlawfully deducted that sum from her wages. That sum should be paid to the claimant, less any deductions required by law. The claimant carried out the work and no payment was made. The sums are accordingly due in terms of her contract. Enforcement[7]The claimant asked about what she should do to recover the sums due given the respondent appears to be insolvent. The Employment Tribunal cannot provide legal advice and the claimant may wish to speak to a solicitor, law clinic or the citizens advice bureau and may find the following link useful: 15 https://www.qov.uk/vour-riqhts-if-Your-employer-is-insolvent. 20