In Person For the v Mr T Sullivan, employee of the Respondent — 2023

The Claimant, Mr Olumuyiwa Ajayi, brought an unlawful deduction from wages claim arising from work he carried out for Regency Security Services Ltd between 11 and 26 November 2022 as a Door Supervisor Security Guard. At the hearing, the parties agreed that a separate £53 point relating to the difference between an agreed hourly rate of £15 and the Respondent's asserted rate of £13 would be paid by the Respondent, leaving the tribunal to determine the remaining deductions totalling £21.05.

The tribunal found that the Claimant was a worker for the purposes of s.230(3) ERA 1996. It also found that he had not been given a written contract or any other documents setting out the basis of payment and deductions, and that there was nothing in writing or orally that the Respondent could point to as having notified him of the deductions. The Claimant's understanding was that his hourly rate would be £15, and the tribunal found he had a legitimate expectation of receiving that rate without the deductions in issue.

The deductions identified in the payment records were £10 plus an accountancy fee of £3.02 on the 30 November 2022 record, and £4 plus an accountancy fee of £4.83 on the 7 December 2022 record, making total deductions of £21.05. Applying s.13 ERA 1996, the tribunal held that these deductions were not authorised because there had been no express unequivocal communication or written agreement permitting them. It therefore found that the Respondent had made unauthorised deductions from wages properly payable to the Claimant.

The Respondent was ordered to pay £21.05, subject to any applicable deductions for tax and employee national insurance contributions.