A Michelin v MC DFS Ltd: 6021374/2025
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 from February 2025 to March 2025. The respondent shall pay the claimant £1440, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[2]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period from November 2024 to March 2025. The respondent made unnotified deductions totalling £600 from the pay of the claimant in the 13 weeks prior to presentation of the claim form. The respondent shall therefore pay the claimant £600 in respect of those deductions.[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 Case Number: 6021374/25 weeks’ gross pay unjust or inequitable. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1200.[4]The claim for breach of the National Minimum Wage Act is dismissed on withdrawal.[5]The claim for breach of contract is dismissed.[6]The Total sum the Respondent must pay to the Claimant is £2,040 Approved by: