Mr D Anderson v DCS (Food Ingredients) Ltd — 2024

Employment Judge Leverton sat alone at Bristol by CVP on 7 June 2024. The respondent did not appear or have representation. The tribunal upheld the claimant's complaint of unauthorised deductions from wages, finding that the respondent made an unauthorised deduction from the claimant's wages for the period 3rd-21st July 2023 and ordering repayment of the gross sum deducted, £1,533, with the claimant responsible for tax and National Insurance.

The tribunal also found that the respondent failed to give the claimant a written itemised pay statement for July 2023 when payment was due, as required by section 8 Employment Rights Act 1996. It recorded that the respondent had made unnotified deductions from the claimant's pay in the 13 weeks before the claim form was presented and awarded £184.12 in respect of those deductions.

Finally, the tribunal found that when the proceedings were begun the respondent was in breach of its duty to provide a written statement of employment particulars. It held that there were no exceptional circumstances making an award equivalent to two weeks' gross pay unjust or inequitable, and that it was not just and equitable to award four weeks' gross pay. It therefore awarded £1,286 under section 38 Employment Act 2002. The total monetary award recorded in the judgment was £3,003.12.