Case 1801778/2020 · Employment Tribunal
In person For the v Mr Ritchie (consultant) — 2020
- Case reference
- 1801778/2020
- Decision date
- 16 June 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Appearances
- Venue
- By Telephone
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningMs Louch started work for Paludis Ltd in November 2018 as a waitress. The tribunal found that her verbal terms included a salary paid monthly, a 40-hour week, overtime to be taken in lieu, and rent for the staff house to be deducted from wages. The respondent later produced written documents, including a tenancy agreement stating £129 rent, but the judge found that the original rental term remained £250 per month.
On overtime, the tribunal accepted Ms Louch's evidence that she was not given a genuine choice to carry accrued hours into 2020. It found that the respondent wanted to clear overtime balances to zero by the new year and offered only 80% payment, which amounted to a breach of contract because she was contractually entitled to carry the hours forward. The judge also found that she did not waive the breach, because she took the payment under protest and raised the issue shortly afterwards.
The overtime claim succeeded in the sum of £164.54, representing the unpaid 20% of the accrued overtime value. The rent claim failed because the tribunal found the contractual rent remained £250 a month and that the later written agreement did not vary that position, so there was no unlawful deduction. The broadband deductions of £6.50 for the first two or three months were dismissed as out of time, and the claimant did not show that it had not been reasonably practicable to bring that part of the claim within three months.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found that Ms Louch had a contractual right to carry accrued overtime into 2020, that the respondent instead required the overtime balance to be cleared at 80% of its value, and that she accepted payment under protest. The breach was not waived and damages were assessed at £164.54. | Upheld | — | £165 |
| Unlawful deduction from wages | The tribunal held that the rent agreement at the start of employment was £250 per month by salary sacrifice and that the later written tenancy agreement stating £129 did not vary that term. On that basis there was no unlawful deduction in respect of rent. | Dismissed | — | — |
| Unlawful deduction from wages | The £6.50 broadband deductions made in the first two or three months were found to be well outside the three-month time limit. The claimant did not argue that it was not reasonably practicable to bring the claim in time, so extension was refused. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £165
- across all upheld claims
Legal tests applied
5 references- s.23 Employment Rights Act 1996
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Article 5
- three-month time limit
- reasonably practicable extension
- waiver or affirmation
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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