Mrs Carolyn Howie v Ms Andrea Hughes — 2023

This was a Rule 21 judgment in which the claimant appeared in person and the respondent did not attend. The tribunal found that the claimant’s unlawful deduction from wages claim succeeded in relation to two separate wage shortfalls. For 3 April to 28 April 2023, the claimant was contracted to work 17 hours per week at £12.50 per hour, so her contractual entitlement was £850.00; she was paid £87.50, leaving a shortfall of £762.50. For 1 January to 1 March 2023, her entitlement was £1,870.00 and she was paid £1,662.00, leaving a shortfall of £208.00.

The tribunal rejected the further unlawful deduction claim based on mileage. It held that expenses are excluded from s.13 ERA 1996 by s.27(2) ERA 1996. The holiday pay claim was dismissed on withdrawal, and the notice pay claim was dismissed because the employment was still continuing.

The tribunal also found that the respondent had failed to provide written particulars of employment as required by s.1 ERA 1996. Under s.38 EA 2002 and Schedule 5, it made an award of four weeks' pay, calculated on the claimant’s 17 hours per week at £12.50 per hour, producing an award of £850.00. The total award was £1,820.50 gross, recoupment provisions did not apply, and the claimant was told she was responsible for any income tax or employee national insurance contributions due on the unlawful deduction award.