Mr I Husain v Excel Parking Services Limited AT A HEARING — 2022

Mr Husain did not attend the hearing, but the tribunal proceeded in his absence. The respondent said his salary was normally paid monthly in arrears, and that it had suspended him on 6 July 2022 pending an investigation into alleged falsification of time sheets and possible overpayment. The tribunal held that, under the contract and handbook, the respondent was entitled to delay payment of the June salary while the amount properly payable was disputed, so that no sum was yet properly payable by 10 July 2022.

The tribunal then reviewed the final salary deductions one by one. It accepted as authorised the deduction of £995.13 for 104.75 hours found not to have been worked, the May reconciliation of £142.50, the private mileage deductions of £110.00 and £159.60, the invoiced valeting costs of £15.00 and motoring charges of £105.00, the holiday deduction of £197.60, and the attachment of earnings deduction of £40.07 under section 14(3) of the Employment Rights Act 1996. It held that the £200 July mileage deduction was not authorised because it was discretionary under the policy and there was no signed approval or good reason/firm evidence of an actual debt or loss, and that three administration charges of £30.00 each were also unauthorised for the same reason.

On that basis, the tribunal found that a total of £290.00 had been deducted without proper authorisation, leaving £174.10 outstanding. It therefore upheld the unlawful deduction from wages claim and ordered the respondent to pay £174.10.