Mr J Bell v Teltech Mobile Installations Limited AT A HEARING — 2022

The tribunal upheld the claimant's complaint of unauthorised deduction from wages for August 2021, when he was not paid at all, and ordered the respondent to pay £1,703.28 gross. It also declared that there had been a series of unauthorised deductions from wages from 3 August 2020 to 1 September 2021, including deductions in respect of loan repayments that were not properly authorised under section 13 ERA 1996. Remedy for that wider deductions claim was adjourned pending the claimant's written confirmation of the amount still outstanding after accounting for tax, national insurance, pension deductions, child maintenance and sums already paid.

The tribunal held that the respondent dismissed the claimant without notice in breach of contract and awarded one week's gross wages of £393.06. It also found breach of contract in relation to pension contributions, ordering £426.00 for employer contributions that should have been paid to the designated provider and £525.46 for employee contributions deducted from wages but not passed on, after deducting £47.34 already accounted for for August 2021.

The tribunal declared that the respondent had failed to give itemised pay statements required by sections 8 or 9 ERA 1996, but made no further order because there had been no unnotified deduction in the 13 weeks before presentation and further recovery was barred. It also found that the respondent was in breach of the requirement to provide a written statement of particulars of employment and awarded an additional two weeks' wages under section 38 of the Employment Act 2002, namely £786.12. The child maintenance deduction complaint was dismissed because the matter was already being dealt with by the relevant authority and no loss was shown, and the claim for accrued but untaken holiday in the current year was dismissed because the pro rata entitlement had already been exceeded by holiday taken. The judgment therefore ordered immediate payment of £3,833.92, with the wider deductions remedy left for later determination.