Miss C Cossins v Mrs D Morgan T/a Walkies n Wagtails: 6017715/2024
JUDGMENT
[1]The claimant’s claim of unlawful deductions from wages contrary to Section 13(1) of the Employment Rights Act 1996 is partly well founded and succeeds in part as follows.[2]The claimant was entitled to the payment of her wages for the period 16th July 2024 to 23rd August 2024. Before the deduction of income tax and national insurance and other deductions she was entitled to the sum £2,373.80.[3]The respondent was not entitled to make a deduction from this sum on the basis that the claimant had, by agreement with the respondent, taken paid leave in excess of her 2023/2024 annual leave allowance which was to be deducted from her 2024/2025 leave allowance.[4]In accordance with the claimant’s contract of employment the respondent was entitled to make a deduction from the above sum for those days or parts of days when the claimant was absent by reason of sickness. The lawful deduction in regard to sickness absences on 13th, 14th and 19th August 2024, for the total of 17½ hours, was the sum of £200.20.[5]The respondent is ordered to pay the claimant the sum of £2,173.60. This figure has been calculated using gross monthly pay and the respondent is to deduct from that amount the required sum payable to HM Revenue and Customs for Income Tax and National Insurance. Judge Cowx 18 March 2026