Mrs B Drammeh Fatty v Procare Facilities Services Limited (trading as NIC Services Group Limited) Tribunal: Birmingham (determination on the papers) — 2022

Mrs B Drammeh Fatty alleged unlawful deductions from wages said to total £2,240 for April to October 2019 after her employment transferred from SBFM Limited to Procare Facilities Services Limited on 11 November 2019. The tribunal reviewed bank statements, payslips, clocking records and the respondent’s HR analysis, and accepted the TUPE history and wage records that showed regular payments, with some variation explained by holiday, suspension on pay, absence and later adjustments.

On the unlawful deductions claim, the tribunal found that the claimant had not shown that the amounts claimed were actually unpaid. It concluded that the claimant had been paid the sums to which she was contractually entitled, or that any shortfall was later corrected in the following month’s pay. The claim for unlawful deductions from wages was therefore dismissed.

Separately, the tribunal made declarations under ERA 1996 section 12(3) that the pay statements dated 17 June 2019 and 18 November 2019 failed to notify deductions of £73.89 and £184.72 respectively. No monetary award was made under section 12(4) because the missing amounts were later made good in the next month’s pay. The complaint about failure to provide written particulars of employment was dismissed because, as at the date the proceedings were issued, the respondent had complied with ERA 1996 section 1; the probationary-period wording in the contract was not a required particular at that time, so no section 38 Employment Act 2002 remedy arose.