Mr T Trafford v Mr M N Stanley — 2021

The tribunal found that at all material times the claimant was a worker of the respondent within section 230(3) ERA 1996. It held that the claimant’s section 23(1) ERA 1996 claim was well-founded because the respondent made a series of deductions from wages between 31 May 2019 and 6 August 2019 by failing to pay the claimant his full entitlement.

The tribunal set out its calculation in the judgment. It found wages due of £3,000 for 30 days, less £1,248 paid, leaving a shortfall of £1,752; wages due of £2,000 for 20 days, less £1,280 paid, leaving a shortfall of £720; and wages due of £700 for 7 days, less £480 paid, leaving a shortfall of £220. Those figures totalled £2,692, from which it deducted £300 for three days not worked, producing unlawful deductions of £2,392.

It ordered the respondent to pay £2,392 under section 24(1) ERA 1996 and a further £209.06 under section 24(2) ERA 1996 for financial loss attributable to the unlawful deductions. The total amount payable was £2,601.06.